Cutler v. Smith

Citations

• 57 Ill. 252

Syllabus

<p>1. Trespass—mongful entry into the house of another—license in respect thereto. Where in an action of trespass ni et cvrmis, it was sought to recover for the alleged wrongful entry by defendant, into the plaintiff’s house, an instruction asked by the defendant which directed the jury, that if they believed from the evidence, that the defendant entered the plaintiff’s house by her leave and license, or by the leave or license of any inmate thereof, such entry was not a trespass, was regarded as erroneous, in asserting that any inmate of the house could give a license to enter, whereas a mere stranger or trespasser might have been an inmate of the house, and the right to the enjoyment of home in quietness and free from intrusion does not permit its invasion on the license of a mere stranger or trespasser who may happen to be in the house.</p> <p>2. Though it might be that such a license, acted on in good faith, would mitigate the damages for such an entry, jret it would not operate as a justification.</p> <p>3. While there may have been no facts in the case calculated to mislead the jury, had such an instruction been given, still the defendant could not complain of the refusal to give it, the same not being legally accurate.</p> <p>4. In order to constitute a license to enter the house of another, it is not j> necessary that express authority should be given; but if a person visit the ;j house of another to see him on business and is allowed to enter, or does j enter without force, that would be deemed a license.</p> <p>5. But the defendant being sued, not only for entering the house of the plaintiff with force, but for taking others with him, an instruction directing the jury that if defendant went to plaintiff’s house on business, and was allowed to enter, or did enter without force, such would be deemed a license, would be erroneous as tending to mislead the jury; for if the defendant was permitted to enter the house under an express or an implied license, that