Matthews v. Forrest

The demurrer was rightly overruled even if the defendant’s thesis that the plaintiff cannot recover damages for mental suffering unaccompanied by physical injury be accepted as valid.

The essence of a trespass to realty is the disturbance of possession. In consequence, every unauthorized entry on land in the peaceable possession of another constitutes a trespass, without regard to the degree of force used and irrespective of whether actual damage is done. Lee v. Stewart, 218 N.C. 287, 10 S.E. 2d 804; Brame v. Clark, 148 N.C. 364, 62 S.E. 418, 19 L.R.A. (N.S.) 1033, 16 Ann. Cas. 73; Dougherty…