Ecorse Transp. Co. v. Earhart

How courts have described this case

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

• \[I]njunctive relief if otherwise appropriate will be available purely to vindicate the possessor's interest in the property.\
• if complaint had alleged revocation of consent to store former operator's spent fuel, owner would have had a claim for trespass; no reference to express contractual obligation to remove
• “In the case of trespass through the continuing presence of chattels on another’s land, the requisite intent does not arise until the duty to remove the chattels arises, which does not occur until a demand for removal has been made.”
• “The deficiencies of the affidavit in regard to [the witness’s] statement of his personal knowledge of facts set forth and as to the authenticity of the attached documents has been cured by his supplemental affidavit in opposition to the cross-motion.”
• “A trespasser, to be such, need not intend harm to or unlawful interference with the other’s property and may in good faith believe that he or she or it is in some way entitled to enter or remain upon the property.”

Source: CourtListener parenthetical corpus (CC0).