Glidden v. Szybiak

Supreme Court of NH - 1949

Facts:

• P was a 4-year-old girl playing with D's dog. P jumped on dog's back and pulled his ears. The dog bit P's nose off.
• P sued D for damages.
• D's defense was that P was engaged in trespass to chattel and that her injuries were the result of her trespass.

Procedural History:

• Trial court found for P, said P too young to be liable for an intentional tort.
• NH Supreme Court affirmed, found for P.

Issues:

• Does an action for trespass to chattel require suffering of actual damages as a result of the trespass?

Holding/Rule:

• An action for trespass to chattel requires the suffering of actual damages as a result of the trespass.

Reasoning:

• Trespass to chattel is the interference with another's property without their consent.
• Unlike trespass to land, trespass to chattel requires actual injury by the owner.
• There is no evidence that the dog was in any way harmed by the actions of P. Thus, there is no trespass to chattel, and P should be able to recover.

Dissent:

• None.

Notes:

• Trespass to chattel is the intentional interference with the use and enjoyment of one's property.
• Action is only valid if there are actual damages, i.e., chattel is harmed.