Scott v. Bryson

Citations

• 74 Ill. 420

Syllabus

<p>1. Tbesfass— when it lies. Trespass is a possessory action, and the plaintiff must, at the time the injury is committed, have an actual or constructive possession as well as a general or special property in the chattel injured, carried away or destroyed, in order to maintain the action; and though the possession be tortious, yet trespass lies against a stranger who divests such possession.</p> <p>2. Exemplary damages — in trespass. Where a landlord takes his tenant’s corn under an honest belief that he has the right to sell the same and divide the proceeds, without any notice of a division by the tenant, exemplary damages should not be given against him in an action of trespass by the tenant.</p>