Keesecker v. G. M. McKelvey Co.

I concur in the judgment in this case, but since there has been such a contrariety of opinion upon the part of the courts as to the basis of liability or non-liability for judgments heretofore rendered herein, I am constrained to give my reasons for concurrence in the present judgment of this court.

At common law trespass originally had to do with a forcible and wrongful invasion of the right of possession of real estate. Later the action of trespass was available to recover compensation for damage directly done by violence, whether such damage is in the form of injury to persons or is done to…