[91] As was said at the outset, if the strict liability is to be maintained at all, it must be maintained throughout. A principle cannot be stated which would retain the strict liability in trespass while abandoning it in case. It cannot be said that trespass is for acts alone, and case for consequences of those acts. All actions of trespass are for consequences of acts, not for the acts themselves. And some actions of trespass are for consequences more remote from the defendant's act than in other instances where the remedy would be case.英文原著 · 《The Common Law》
This language suggests that it would be sufficient to explain the law of trespass upon property historically, without attempting to justify it. For it seems to be admitted that if the defendant's mistake could be proved it might be material. /2/ It will be noticed, further, that any general argument from the law of trespass upon laud to that governing trespass against the person is shown to be misleading by the law as to cattle. The owner is bound at his peril [100] to keep them off his neighbor's premises, but he is not bound at his peril in all cases to keep them from his neighbor's person.英文原著 · 《The Common Law》
The bailor also obtained a right of action against the wrong-doer at a pretty early date. It is laid down by counsel in 48 Edward III., /2/ in an action of trespass by an agister of cattle, that, "in this case, he who has the property may have a writ of trespass, and he who has the custody another writ of trespass. Persay: Sir, it is true. But [172] he who recovers first shall oust the other of the action, and so it shall be in many cases, as if tenant by elegit is ousted, each shall have the assize, and, if the one recover first, the writ of the other is abated, and so here."英文原著 · 《The Common Law》
An example like this raises no difficulty; it is as much an action of tort for a wrong as trespass itself. No contract was stated, and none was necessary on principle. But this does not belong to the class of cases to be considered, for the problem before us is to trace the origin of assumpsit, which is an action of contract. Assumpsit, however, began as an action of trespass on the case, and the thing to be discovered is how trespass on the case ever became available for a mere breach of agreement.英文原著 · 《The Common Law》
Parkin had a gig and a fast horse: so, in ten minutes more, they were on the road. They reached Cairnhope, put up at the village inn, and soon extracted some particulars about the church. They went up to it, and examined it, and Grotait gave Parkin a leg up, to peer through the window. In this position they were nailed by old George. "What be you at?"
"What is that to you?" said Grotait. "It is plenty. You mustn't come trespassing here. Squire won't have it."
"Trespassing in a churchyard!英文原著 · 《Put Yourself in His Place》
Discussions of legislative principle have been darkened by arguments on the limits between trespass and case, or on the scope of a general issue. In place of a theory of tort, we have a theory of trespass. And even within that narrower limit, precedents of the time of the assize and jurata have been applied without a thought of their connection with a long forgotten英文原著 · 《The Common Law》