Clark v. Vulcan Chemical Investments LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that \[k]nowledge of trespassers to other areas cannot ... be the basis for imposing liability\ under section 335
• preventing recovery by plaintiff who was stealing copper wire from a switchgear cabinet
• discussing \constructive knowledge\ in the context of a defense of trespass
• “essential elements of a cause of action in negligence are well established: duty; breach of that duty; causation; and actual injury” [internal quotation marks omitted]
• duty owed where defendant knows or should know “that trespassers constantly intrude upon a limited area of the land” [internal quotation marks omitted]
• “[t]he essential elements of a cause of action in negligence are well established: duty; breach of that duty; causation; and actual injury” [internal quotation marks omitted]

Source: CourtListener parenthetical corpus (CC0).