innocent trespasser doctrine (Georgia) · Go Syfert
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innocent trespasser doctrine in Georgia

5 Georgia opinions name it 1 courts 2001–2021 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Bullard v. Boulergreen
gactapp · 2005 · cited in 3 Georgia opinions naming this issue, 2009–2021
2 sentences

2010The innocent trespasser doctrine “protects individuals who enter the land of another under the mistaken belief that it is permissible to do so,” and provides under those circumstances that the “unintentional and nonnegligent entry . . . does not automatically subject an individual to liability even though the entry causes harm to the possessor.” (Citations, punctuation and footnotes omitted.) Bullard v. Bouler, 272 Ga. App. 397, 399 (2) ( 612 SE2d 513 ) (2005) (affirming jury verdict in which the jury held liable a property owner who instructed a contractor to prune trees located on his neighb

2010The innocent trespasser doctrine “protects individuals who enter the land of another under the mistaken belief that it is permissible to do so,” and provides under those circumstances that the “unintentional and nonnegligent entry . . . does not automatically subject an individual to liability even though the entry causes harm to the possessor.” (Citations, punctuation and footnotes omitted.) Bullard v. Bouler, 272 Ga. App. 397, 399 (2) ( 612 SE2d 513 ) (2005) (affirming jury verdict in which the jury held liable a property owner who instructed a contractor to prune trees located on his neighb

23
Young v. Faulknergreen
gactapp · 1997 · cited in 2 Georgia opinions naming this issue, 2001–2021
2 sentences

2021LN West Paces Ferry Assoc., 306 Ga. App. at 644 (1) (a) (citation and punctuation omitted); accord Bullard v. Bouler, 272 Ga. App. 397, 399 (2) ( 612 SE2d 513 ) (2005). 12 This Court has defined “[a] wilful trespasser . . . as one who knows that he is wrong, while an innocent trespasser is one who believes that he is right.” Young v. Faulkner, 228 Ga. App. 587, 588 ( 492 SE2d 331 ) (1997).

2021LN West Paces Ferry Assoc., 306 Ga. App. at 644 (1) (a) (citation and punctuation omitted); accord Bullard v. Bouler, 272 Ga. App. 397, 399 (2) ( 612 SE2d 513 ) (2005). 12 This Court has defined “[a] wilful trespasser . . . as one who knows that he is wrong, while an innocent trespasser is one who believes that he is right.” Young v. Faulkner, 228 Ga. App. 587, 588 ( 492 SE2d 331 ) (1997).

22
LN West Paces Ferry Associates, LLC v. McDonaldgreen
gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021LN West Paces Ferry Assoc., 306 Ga. App. at 644 (1) (a) (citation and punctuation omitted); accord Bullard v. Bouler, 272 Ga. App. 397, 399 (2) ( 612 SE2d 513 ) (2005). 12 This Court has defined “[a] wilful trespasser . . . as one who knows that he is wrong, while an innocent trespasser is one who believes that he is right.” Young v. Faulkner, 228 Ga. App. 587, 588 ( 492 SE2d 331 ) (1997).

11
Brand v. Montega Corp.green
ga · 1974 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010See also Brand v. Montega Corp., 233 Ga. 32, 33-34 (2) ( 209 SE2d 581 ) (1974) (affirming jury verdict declining to award damages to plaintiff for surface-water invasion unintentionally caused by defendant).

2010See also Brand v. Montega Corp., 233 Ga. 32, 33-34 (2) ( 209 SE2d 581 ) (1974) (affirming jury verdict declining to award damages to plaintiff for surface-water invasion unintentionally caused by defendant).

11
Nichols v. Georgia Television Co.green
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010Nichols v. Ga. Television Co., 250 Ga. App. 789, 790 (1) ( 552 SE2d 550 ) (2001).

2010Nichols v. Ga. Television Co., 250 Ga. App. 789, 790 (1) ( 552 SE2d 550 ) (2001).

11
Klingshirn v. McNealgreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2001–2001
2 sentences

2001See, e.g., Klingshirn v. McNeal, 239 Ga. App. 112 ( 520 SE2d 761 ) (1999); Young v. Faulkner, 228 Ga. App. 587, 588 ( 492 SE2d 331 ) (1997).

2001See, e.g., Klingshirn v. McNeal, 239 Ga. App. 112 ( 520 SE2d 761 ) (1999); Young v. Faulkner, 228 Ga. App. 587, 588 ( 492 SE2d 331 ) (1997).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Statutes the citing opinions construe

GA § 51-9-1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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