Pitchford v. Stoddard

(After stating the foregoing facts.) The declaration in this case does not show a trespass upon the plaintiff’s property. Construing the allegations most strongly against her, as must be done on demurrer, it does not appear that the defendants were in the plaintiff’s building without her consent. The petition alleges that two of them had occupied unit No. 7 for some time immediately preceding their arrest, and that the plaintiff did not know that they were in the building with a bottle of liquor. It goes no further than to aver that the liquor was there without her knowledge or consent. But…