Concept
Necessity
Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Initial Look at Exclusion's Limits
"In Ploof v. Putnam, the plaintiff alleged that a sudden and violent tempest placed his sloop, property, and family in great danger, compelling him to moor the sloop to the defendant’s dock. The defendant’s servant unmoored the sloop, after which it was driven ashore, and the plaintiff and his family were injured. The court explained that necessity may justify entries upon land and interferences with personal property that would otherwise be trespasses. An entry upon land to save goods in danger of being lost or destroyed by water or fire is not a trespass, and the doctrine of necessity applies with special force to the preservation of human life. The allegations that the tempest compelled the plaintiff to moor to the dock sufficiently pleaded necessity; details concerning the situation were matters of proof. The counts also sufficiently alleged that the servant acted within the scope of his employment because they stated that the defendant acted by his servant."
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