Friday, October 10, 2014

Rogers v. Board of Road case brief summary

Rogers v. Board of Road case brief summary

F: cause of action: trespass and negligence
D had obtained a license to place a snow fence in decedent’s field parallel to the roadway past decedent’s farm. In placing of the snow fence, there was agreement btw. D and decedent that all of the fence together with the anchor posts should be removed by D at the end of each winter season when snow fences are no longer needed. D failed to remove an anchor post, P’s husband, driving mowing machine, was thrown to the ground by the post, and received injuries that caused death.
P was injured by D’s failure to move the property, no evidence of negligence,
I: In circumstances where government didn’t remove the anchor on the someone’s land, whether this constitutes a trespass
R: Trespass may be committed by the continued presence of a structure on land after the landowner has terminated his consent
reversed, remanded

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