§ 222. Of Trespass Quare Clausum. The wrongs, which destroy or decrease the value of the estate without disturbing the possession, are four: Tres pass; Nuisance; Waste; and Disturbance. Trespass is the unlawful entry of one person into the lands of another. Trespass to land is usually called trespass quare clausum fregit, every such trespass being, in the eye of the law, a forcible breaking into the enclosure of another. Any entry, however slight, and whether resulting in actual damage or not, if it be unlawful, is a trespass, and from it the law implies damage. Such entry is unlawful unless made by consent of the person in possession of the land, or in pursuance of some legal right or privilege. Trespass may be committed either by the personal entry of the trespasser himself, or by that of his servants acting under his orders, or by that of his cattle when it results from his act or neglect. It can be committed by a stranger against the tenant, or by one tenant in common against his co-tenants, or by a landlord against his own tenant. It can be committed only against a person who is in actual possession of the land, or, if there be no actual possession, against one who has the right of immediate possession. A person, whose original entry was by license of the possessor, or by authority of law, becomes a trespasser ab initio if he abuses such license or authority. Read 3 Bl. Comm., pp. 208–215. Bac. Abr., Trespass F, G 2. 1 Hill. Torts, Ch. xviii, §§ 6-11, 19–21, 35. Cooley Torts, pp. 302-332. Bigelow L. C. Torts, pp. 341-387. § 223. Of Nuisances to Property. A nuisance is any act or omission of one person, not amounting to a trespass, whereby another is disturbed in the enjoyment of his lands, or of incorporeal hereditaments annexed thereto. The methods, by which land may be subjected to this injury, are almost innumerable. The erection of adjacent buildings overhanging and discharging water upon it, the obstruction of ancient lights or watercourses, the excavation of adjoining and supporting lands, the removal of party-walls, the production or maintenance of injurious or offensive substances in proximity thereto, are instances of such nuisance. Nuisances to in、 corporeal hereditaments, annexed to land, consist in any act or omission of another, which renders them less usefu) to the owner of the land. The obstruction of a way or common, the erection and maintenance of rival ferries or markets, are instances of such nuisance. Every continuance of a nuisance is itself a wrong, and a person omitting to remove a nuisance, which he did not create but over which he has control, is a wrong-doer, and responsible for the injury occasioned thereby. Read 3 Bl. Comm., pp. 216-219. 1 Hill. Torts, Ch. xix, §§ 1–9, 16–16 c; Ch. xx. 2 Hill Torts, Ch. xxi, xxii. 1 Addison Torts, §§ 78-99, 217-229, 238-243, 282, 283. Cooley Torts, pp. 366-374, 565-595, 608-614. § 224. Of Waste. Waste is any act or omission of the tenant of a particular estate, by which the estate of the reversioner or remainderman is diminished in value. It is of two kinds: Voluntary and Permissive. Voluntary waste is the wilful act of the tenant, permanently damaging the property. Permissive waste is the unlawful omission of the tenant to repair and preserve the property. Cutting down timber trees, destroying or removing buildings, opening new mines or quarries, are instances of voluntary waste. Suffering buildings or fences to become ruinous, or to be destroyed by fire for want of care, are instances of permissive waste. Waste can be committed by tenant for life or for years against the owner of the fee, but not by tenant in fee-simple against his heir, or by tenant in fee-tail against the next donee, each of these latter tenants being owners, for the time being, of the entire inheritance. Read 2 Bl. Comm., pp. 281, 282. Bac. Abr., Waste A, B, C. 2 Hill. Torts, Ch. xxvii. 1 Addison Torts, §§ 319–358, 362. § 225. Of Disturbance. Disturbance is any act of one person by which another is disturbed in the enjoyment of an incorporeal hereditament. If the incorporeal hereditament is annexed to an estate in lands, such disturbance is also a nuisance. A common is said to be disturbed where a person, who has no right to the common, pastures his cattle therein, or where a person, who has such a right, puts more cattle therein than he ought, or where the common itself is wrongfully enclosed so that it cannot be used by the commoners. A franchise is disturbed by any act of another, which diminishes its profits. Tenure is disturbed by any fraud or threat, which induces a tenant to abandon his land. way is disturbed by obstructing it. Read 3 Bl. Comm., pp. 236-242. 1 Addison Torts, §§ 78-99, 113-123, 125–196. A § 226. Of the Asportation and Detention of Choses in Possession. The wrongs, whereby a man is disturbed in the lawful use, enjoyment, and disposal of his choses in possession, either deprive him of their possession, or destroy or decrease their value without disturbing the possession. Wrongs which involve dispossession are of two kinds : Asportation and Detention. Asportation is the unlawful taking of a chose in possession out of the possession of another. It can be committed either by the removal and destruction of the chose, or by its removal without destruction. It can be committed against any one who has the lawful possession of the chose, and by any one, even the owner, who has not the right of immediate possession. Detention is the unlawful keeping of a chose in possession out of the possession of another. Every asportation includes a detention, but detention may exist where the original taking was lawful. This injury can be committed by any person, even the owner of such chose, and against any person who has a right to its immediate possession. Asportation and detention are sometimes classed together under the name of conversion, which is any wrongful usurpation of dominion over the personal property of another, whether by an original wrongful removal, by a subsequent wrongful detention, or by an appropriation of the property to a use not consented to by the lawful owner. Read 3 Bl. Comm., pp. 144-151. Bac. Abr., Trespass E; Trover B, D. 2 Hill. Torts, Ch. xxv. 1 Addison Torts, §§ 466-500, 515-519, 521–526. Bigelow L. C. Torts, pp. 388-453. § 227. Of Injuries to Choses in Possession. The wrongs which destroy or decrease the value of a chose in possession, without disturbing the possession, are of two kinds: (1) Those in which the destruction or decrease of value results directly from the wrongful act of another; (2) Those in which such destruction or decrease results indirectly, or consequentially, from the wrongful act or omission of another. The particular wrongs, embraced in these two classes, are almost without number, and generally are without specific names. To the former class belong all injuries resulting from the wrongful application of any degree of force to the object injured. To the latter belong all injuries resulting from negligence, or from secondary causes which have been set in operation by a force, wrongfully exercised, but not applied to the object injured. Read 3 Bl. Comm., p. 153. Bac. Abr., Action on the Case C, F; Trespass E. § 228. Of Breaches of Contract. The wrongs by which a man is disturbed in the lawful use, enjoyment, and disposal of his choses in action, are known as breaches of contract. All choses in action arise from or are founded in contract, and the fulfilment of such contract is the reduction of such choses into the possession of their owner. This is as strictly true in contracts to render services, or to forbear a right, as in contracts to deliver goods. When the goods are delivered, when the right is forborne, when the services are rendered, the chose or property, which during the pendency of the contract was in action, becomes a chose in possession, and is as fully possessed and enjoyed by its owner as, in the nature of things, it can ever be. The non-fulfilment or breach of a contract is, therefore, the wrongful retention in action of |