Halperin v. Pitts

Defendants appeal a judgment quieting title to a disputed strip of land in plaintiffs and dismissing defendants’ trespass counterclaim, raising five assignments of error. We write to address only one of defendants’ assignments of error — viz., that the trial court erred in dismissing defendants’ counterclaim for trespass against plaintiff Michel on the ground that her intrusion onto defendants’ land was so trivial that she could not be liable for trespass — and reject the others without discussion. We agree with defendants that the trial court erred in dismissing defendants’ counterclaim for…