Keeble v. Hickeringill

"Keeble v. Hickeringill", Queen's Bench, 11 East 574, 103 Eng. Rep. 1127 (1707), is a famous English court case pertaining to property rights in wild animals.

Facts

Keeble (the plaintiff) owned property called Minott’s Meadow, which contained a pond outfitted with nets and channels in a manner used to catch large numbers of commercially viable ducks. This type of pond served as a sort of "duck trap" and was known as a decoy, unlike modern duck decoys, which are merely fake ducks used to beguile this social bird. In England, where this case took place, actual tame ducks were used to lure their wild counterparts into the decoy. On three occasions, defendant Hickeringill, while on his own land, discharged firearms toward Keeble's pond in order to scare away the ducks. At trial, Keeble won a verdict of £20.

Decision

Chief Justice Holt held that an action did lie, because every person has the right to put his property to use for his own pleasure and profit. If Hickeringill had built a decoy on his own land near Keeble’s meadow to draw away ducks (which, in fact, he had done previous to the construction of Keeble's own decoy and may have lent some cause as to Hickeringill's harassing actions), no action could be taken, because Hickeringill would have just as much right to set up a decoy on his own property as Keeble does on his. But, Hickeringill actively disturbed the ducks on Keeble's land, thereby causing damages in that "he that hinders another in his trade or livelihood is liable."

Furthermore, Keeble had gone through the expense of setting up the decoy and nets, and to allow Hickeringill to disturb the profitable use of the land was bad for commerce. When a person hinders another’s use of his own property for profit, it is actionable, even if there is no physical trespassing. Thus, Justice Holt concluded that "in short, that which is the true reason for this action is not brought to recover damage for the loss of the fowl, but for the disturbance."

External links

* [http://books.google.com/books?id=ZHA9AAAAIAAJ&pg=PA362&lpg=PA362&dq=keeble+v+hickeringill&source=web&ots=FVszCRdfsC&sig=phRhOcS4plEaZ1HZ-a0j4LmCnAY Excerpted version of case] from a textbook by John Henry Wigmore from Google Books
* [http://books.google.com/books?id=KuLjXlExzGgC&pg=PA45&lpg=PA45&dq=keeble+v+hickeringill&source=web&ots=RPwmHSjYaL&sig=EKSVzWvZSrIOxDyn5OwusXhVPFQ#PPA45,M1 Discussion of the case] by A.W. Brian Simpson, also from Google Books