Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Trespass Miscellaneous.  

1997 Buonocore v. C. & P. Telephone Co., 254 Va. 469, 492 S.E.2d 439.

Employee of C. & P. accompanied police in search of home of C. & P. employee. Va. Code § 19.2-59 does not give rise to private cause of action.

1995 Johnson v. Marcel, 251 Va. 58, 465 S.E.2d 815.

Marcel entered plaintiff’s premises without consent, changed locks on the garage, ripped telephone out of wall socket, blocked driveway and continually threatened, abused, intimidated, and harassed plaintiff. Common-law claim for trespass is set forth. Where trespass is deliberate and accompanied by aggravating circumstances, damages for emotional distress may be recoverable in absence of physical injury.

1987 Hampton Rd. San. Dist. v. McDonnell, 234 Va. 235, 360 S.E.2d 841.

Defendant owned and operated sewage facility and it caused overflow valve to discharge sewage onto plaintiff’s property. As matter of law, defendant guilty of trespass.

1982 Kesler v. Fentross, 223 Va. 14, 286 S.E.2d 156.

Determination of title to property in previous trespass action collaterally estopped relitigation of this issue.

1981 Parker v. Hartford Fire Ins. Co., 222 Va. 33, 278 S.E.2d 803.

Insurance coverage case. Trespass can be intentional or nonintentional.

1975 Mobley v. Saponi Corp., 215 Va. 643, 212 S.E.2d 287.

Continuing trespass by raising level of lake to inundate part of plaintiff’s property may be enjoined.

1974 Seventeen, Inc. v. Pilot Life Ins. Co., 215 Va. 74, 205 S.E.2d 648.

Suit involving diversion of surface water. Court of equity to avoid multiplicity of actions at law may enjoin continuing trespass even when damage is small and no single trespass causes irreparable injury.

1947 Baskett v. Banks, 186 Va. 1022, 45 S.E.2d 173.

Deals with revocation of permission to remain in theater.

For more information on trespass see the pages on Wikipedia.