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NOTES TAKEN AT CONFERENCE OF ADVISERS 1 (December 20-21, 1930)

handle is hein.ali/relwtrts0048 and id is 1 raw text is: , bs(/usslng Section 5) Branch--sugesti thatviolati n of a dutyie9vague, for if a thief takes a car and puts it on the plaintiff's l'ind--do trespass it seems for fa-41ir; to reiove. Do you state any place that there is a duty to remove as long as the actor rem.ains in possession? EST---the question is; when does the duty to remove arise. .Br--suppose logs deposited on land by a freshet. 1-JEST--the source of the Quty there is the possession at the tiuhe i@f the entry. ;8eavey--of course, you can have a iited control withjut poz- easiom. SEST___.1kd tat ion - -- -t Sranch--isnt there some section ir the Res. which says th.,t: auieG bay arise frot :arious factors of which posseasion iu. onel 08eavey--,hen you take the bass viol(left on the driveway) into the (house thon there i.ay 1e liability for a failure ,)n ,.y part to .rei.ove the thln., but there is no t, pass. There are differ?nt tyoa o°o trsoassory duties axd soi.setile you ,ust state when'the 5uty/ will arise. EST---if I can pet it in here, it will be siLiplet.((Lehmann,J. entered) EST---if ily logs are washed )n your land throuph no fault of mine, Tn .-4- 'iu, under a duty to rellovei, aw I not? L--I supnose so. ,EST--it would seei, that this is a trespass, the last conference said so--supoose a cyclone in Kansas puts an auto on XVa laws , wouldn't ;,there be a duty on the owner to reh.ove? L---if a thief of even an innocent person puts it on wy land--so that At is more expnnsive to reiiove that the auto Is worth--is theze any duty? EST--that is C2'fferent--there you have an intervening possession in a )third person--the last conference said to leave open the question where ithe thief takes it. .Seavey*the early law uiade the entry of wyygoods a trespass to your iland--enen thouSAX I did not cause '$, eta.--the law has changed so that there is now no lability for the mere entry--but of course there i1nay be for the remainirf. L--do you iiean that if A leaves his car a a hillside, WUme boys ' release the brakes so that the car rtins down the hill ant smashes a ;house--that at c.l. that wuld )6 a trespass? 8---Yes, I have no doubt of it. s i l iar Loh--- I remember aVca se in the Apellade Division(iAiso.) where one o6'_af y ass ciates said there was treapass in such a case and I laughed ,hil out of it(the case in the reports is only discussed froi. a negiligence ,standpoint), 8---that is archaic law of. course but we must appreciate the fact th t one cannot abandon thirWs. Supposei someone told the ojner thit his car was at the bottoA of the hill and he failed then to take care of it so that it injured' the pla.ntff---tight well be liable.

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