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Ploof v. Putnam | 71 A. 188 (1908)
Among the strongest rights that come with owning private property is the right to exclude anyone, or even everyone, from the property. But there are always exceptions to every rule, and in the 1908 case of Ploof versus Putnam, the Supreme Court of Vermont explained one exception: the doctrine of necessity.
Henry W. Putnam, a wealthy resident of Bennington, Vermont, owned Birch Island in Lake Champlain. He’d built a luxurious camp on the island and used it as a sailing base and vacation site. The island had a boat dock, allowing Putnam and his guests easy access to the island. Sylvester A. Ploof was sailing with his family on the lake when a violent storm arose. Fearing for his family’s life, Ploof headed for Putnam’s dock and tied his boat to it, intending to wait out the storm.
Putnam’s caretaker, Albert Williams, intent on protecting his employer’s property, untied Ploof’s boat from the dock. Cast adrift in the storm, the boat grounded on a lee shore and was destroyed. Ploof and his family members were also injured.
Since Williams was acting in his capacity as Putnam’s employee, Ploof sued Putnam for Williams’s actions. Ploof argued that under the circumstances, Putnam owed Ploof a duty to let Ploof’s boat ride out the storm moored to Putnam’s dock. Putnam asked the court to dismiss Ploof’s complaint, asserting his right to eject trespassers. The trial court denied Putnam’s motion, and Putnam appealed to the Supreme Court of Vermont.
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Ploof v. Putnam | Case Brief for Law School – LexisNexis
Plaintiff sued defendant alleging that defendant by his servant negligently unmoored the sloop. Defendant demurred to both counts, which the trial court denied.
Source: www.lexisnexis.com
Date Published: 4/10/2021
View: 1648
Ploof v. Putnam, 81 Vt. 471, 71 A. 188 (1908) – Quimbee
Ploof v. Putnam · Rule of Law. Necessity caused by an “act of God” or other disaster resulting in an inability to control movements justifies entries upon land …
Source: www.quimbee.com
Date Published: 8/29/2021
View: 1140
Ploof v. Putnam | Case Brief for Law Students
Ploof v. Putnam … Brief Fact Summary.’ To escape a storm, Ploof (Plaintiff) tied his boat to Putnam’s (Defendant’s) dock. Defendant untied Plaintiff’s boat.
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Date Published: 1/30/2022
View: 4447
Ploof v. Putnam — “The Private Island in a Storm” – H2O
Ploof v. Putnam — “The Private Island in a Storm” · Exceptions from Chittenden County Court; Seneca Haselton, Judge. · Martin S. · The defendant insists that the …
Source: h2o.law.harvard.edu
Date Published: 9/12/2021
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Ploof v. Putnam, 81 Vt. 471 (1908) – Caselaw Access Project
Full text of Ploof v. Putnam, 81 Vt. 471 (1908) from the Caselaw Access Project.
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Ploof v. Putnam Case Summary – The Law Express
The state Supreme Court affirmed the trial court’s judgment saying that the master was liable for the malicious act of his servant which was …
Source: thelawexpress.com
Date Published: 8/4/2022
View: 7372
Ploof v. Putnam – brief
the existence of natural objects to which the plaintiff could have moored with equal safety. The defendant insists that the counts are defective in that they …
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Date Published: 10/9/2022
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PLOOF v. PUTNAM SUPREME COURT OF VERMONT 81 Vt …
PLOOF v. PUTNAM. SUPREME COURT OF VERMONT. 81 Vt. 471; 71 A. 188; 1908 Vt. LEXIS 165. October 30, 1908. OPINION BY: MUNSON.
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Date Published: 1/1/2021
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Torts Ploof v. Putnam Supreme Court… – Course Hero
View Ploof v. Putnam.docx from LAW 9413 at Baylor University. Torts Ploof v. Putnam Supreme Court of Vermont 71 A. 188 (Vt. 1908) Plaintiff: Ploof …
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Ploof v. Putnam, 81 Vt. 471, 71 A. 188 (1908): Case Brief Summary
The rule of law is the black letter law upon which the court rested its decision.
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Ploof v. Putnam
Brief Fact Summary. To escape a storm, Ploof (Plaintiff) tied his boat to Putnam’s (Defendant’s) dock. Defendant untied Plaintiff’s boat. Plaintiff and his family were injured and the boat was destroyed.
Synopsis of Rule of Law. Necessity will justify entries upon land and interferences with personal property that would otherwise have been trespass.
Points of Law – Legal Principles in this Case for Law Students. It is said in State v. Soragan that as the complaint is the basis of the conviction, the authority of the informing officer is fundamental to the proceedings; and that it is indispensable that the complaint should show on its face that it is presented by one having the proper authority. View Full Point of Law
Facts.
Defendant owned a dock. Defendant’s servant was in charge of the dock when Plaintiff and his family were sailing. A storm arose and Plaintiff was forced to tie his boat to Defendant’s dock. Defendant’s servant untied Plaintiff’s boat. Plaintiff and his family were injured and the boat was destroyed. Plaintiff sued in trespass, claiming that it was Defendant’s servant’s duty to allow Plaintiff to tie his boat to Defendant’s dock. The trial court ruled for Plaintiff. Defendant appealed.
Issue. Is Defendant permitted to untie Plaintiff’s boat when Plaintiff tied his boat to Defendant’s dock out of necessity?
Held. No. Judgment affirmed and cause remanded.
* Necessity will justify entries upon land and interferences with personal property that would otherwise have been trespass. The court gave a few illustrations to illustrate the doctrine of necessity:
* A traveler on a highway, who finds it obstructed from a sudden and temporary cause, may pass upon the adjoining land without becoming a trespasser, because of necessity. Entry upon land to save goods, which are in danger of being lost or destroyed, is not a trespass.
* Necessity applies with special force to the preservation of human life. One assaulted and in peril of his life may run through the land of another to escape from his assailant. One may sacrifice the personal property of another to save his life or the lives of his fellows.
* In this case, Plaintiff entered the land of Defendant in effort to escape the storm and avoid injury. Defendant claims that Plaintiff could have tied his boat to natural objects with equal safety. However, the facts show that Plaintiff tied his boat to Defendant’s dock to save the boat and the people in it. The requirements of the claim for necessity are complete. Yet, the rule of necessity cannot be held applicable irrespective of circumstances. The question of circumstances and natural objects is left for adjudication.
Discussion. This case is a commonly cited example of private necessity. Plaintiff has the privilege of private necessity. He tied his boat to Defendant’s dock to avoid injury to himself, his family, and his property. Plaintiff is privileged to enter Defendant’s land under the doctrine of private necessity.
Ploof v. Putnam — “The Private Island in a Storm”
71 A. 188
81 Vt. 471
PLOOF
v.
PUTNAM.
Supreme Court of Vermont. Chittenden.
Oct. 2, 1908.
Exceptions from Chittenden County Court; Seneca Haselton, Judge.
Action by Sylvester A. Ploof against Henry W. Putnam. Heard on demurrer to declaration. Demurrer overruled, and declaration adjudged sufficient, and defendant excepted. Judgment affirmed, and cause remanded.
Martin S. Vilas and Cowles & Moulton, for plaintiff.
Batchelder & Bates, for defendant.
MUNSON, J.
It is alleged as the ground of recovery that on the 13th day of November, 1904, the defendant was the owner of a certain island in Lake Champlain, and of a certain dock attached thereto, which island and dock were then in charge of the defendant’s servant; that the plaintiff was then possessed of and sailing upon said lake a certain loaded sloop, on which were the plaintiff and his wife and two minor children; that there then arose a sudden and violent tempest, whereby the sloop and the property and persons therein were placed in great danger of destruction; that, to save these from destruction or injury, the plaintiff was compelled to, and did, moor the sloop to defendant’s dock; that the defendant, by his servant, unmoored the sloop, whereupon [71 A. 189] it was driven upon the shore by the tempest, without the plaintiff’s fault; and that the sloop and its contents were thereby destroyed, and the plaintiff and his wife and children cast into the lake and upon the shore, receiving injuries. This claim is set forth in two counts—one in trespass, charging that the defendant by his servant with force and arms willfully and designedly unmoored the sloop; the other in case, alleging that it was the duty of the defendant by his servant to permit the plaintiff to moor his sloop to the dock, and to permit it to remain so moored during the continuance of the tempest, but that the defendant by his servant, in disregard of this duty, negligently, carelessly, and wrongfully unmoored the sloop. Both counts are demurred to generally.
There are many cases in the books which hold that necessity, and an Inability to control movements inaugurated in the proper exercise of a strict right, will justify entries upon land and interferences with personal property that would otherwise have been trespasses. A reference to a few of these will be sufficient to illustrate the doctrine. In Miller v. Fandrye, Poph. 101, trespass was brought for chasing sheep, and the defendant pleaded that the sheep were trespassing upon his land, and that he with a little dog chased them out, and that, as soon as the sheep were off his land, he called in the dog. It was argued that, although the defendant might lawfully drive the sheep from his own ground with a dog, he had no right to pursue them into the next ground; but the court considered that the defendant might drive the sheep from his land with a dog, and that the nature of a dog is such that he cannot be withdrawn in an instant, and that, as the defendant had done his best to recall the dog, trespass would not lie. In trespass of cattle taken in A., defendant pleaded that he was seised of C. and found the cattle there damage feasant, and chased them towards the pound, and they escaped from him and went into A., and he presently retook them; and this was held a good plea. 21 Edw. IV, 64; Vin. Ab. Trespass, H. a, 4, pl. 19. If one have a way over the land of another for his beasts to pass, and the beasts, being properly driven, feed the grass by morsels in passing, or run out of the way and are promptly pursued and brought back, trespass will not lie. See Vin. Ab. Trespass, K. a, pl. 1. A traveler on a highway who finds it obstructed from a sudden and temporary cause may pass upon the adjoining land without becoming a trespasser because of the necessity. Henn’s Case, W. Jones, 296; Campbell v. Race, 7 Cush. (Mass.) 408, 54 Am. Dec. 728; Hyde v. Jamaica, 27 Vt. 443 (459); Morey v. Fitzgerald, 56 Vt. 487, 48 Am. Rep. 811. An entry upon land to save goods which are in danger of being lost or destroyed by water or fire is not a trespass. 21 Hen. VII, 27; Vin. Ab. Trespass, H. a, 4, pl. 24, K. a, pl. 3. In Proctor v. Adams, 113 Mass. 376, 18 Am. Rep. 500, the defendant went upon the plaintiff’s beach for the purpose of saving and restoring to the lawful owner a boat which had been driven ashore, and was in danger of being carried off by the sea; and it was held no trespass. See, also, Dunwich v. Sterry, 1 B. & Ad. 831.
This doctrine of necessity applies with special force to the preservation of human life. One assaulted and in peril of his life may run through the close of another to escape from his assailant. 37 Hen. VII, pl. 28. One may sacrifice the personal property of another to save his life or the lives of his fellows. In Mouse’s Case, 12 Co. 63, the defendant was sued for taking and carrying away the plaintiff’s casket and its contents. It appeared that the ferryman of Gravesend took 47 passengers into his barge to pass to London, among whom were the plaintiff and defendant; and the barge being upon the water a great tempest happened, and a strong wind, so that the barge and all the passengers were in danger of being lost if certain ponderous things were not cast out, and the defendant thereupon cast out the plaintiff’s casket. It was resolved that in case of necessity, to save the lives of the passengers, it was lawful for the defendant, being a passenger, to cast the plaintiff’s casket out of the barge; that, if the ferryman surcharge the barge, the owner shall have his remedy upon the surcharge against the ferryman, but that if there be no surcharge, and the danger accrue only by the act of God, as by tempest, without fault of the ferryman, every one ought to bear his loss to safeguard the life of a man.
It is clear that an entry upon the land of another may be justified by necessity, and that the declaration before us discloses a necessity for mooring the sloop. But the defendant questions the sufficiency of the counts because they do not negative the existence of natural objects to which the plaintiff could have moored with equal safety. The allegations are, in substance, that the stress of a sudden and violent tempest compelled the plaintiff to moor to defendant’s dock to save his sloop and the people in it. The averment of necessity is complete, for it covers not only the necessity of mooring, but the necessity of mooring to the dock; and the details of the situation which created this necessity, whatever the legal requirements regarding them, are matters of proof, and need not be alleged. It is certain that the rule suggested cannot be held applicable irrespective of circumstance, and the question must be left for adjudication upon proceedings had with reference to the evidence or the charge.
The defendant insists that the counts are defective, in that they fail to show that the servant in casting off the rope was acting within the scope of his employment. It is said that the allegation that the island and dock were in charge of the servant does not [71 A. 190] imply authority to do an unlawful act, and that the allegations as a whole fairly indicate that the servant unmoored the sloop for a wrongful purpose of his own, and not by virtue of any general authority or special instruction received from the defendant. But we think the counts are sufficient in this respect. The allegation is that the defendant did this by his servant. The words “willfully, and designedly” in one count, and “negligently, carelessly, and wrongfully” in the other, are not applied to the servant, but to the defendant acting through the servant. The necessary implication is that the servant was acting within the scope of his employment. 13 Ency. P. & Pr. 922; Voegeli v. Pickel Marble, etc., Co., 49 Mo. App. 643; Wabash Ry. Co. v. Savage, 110 Ind. 156, 9 N. E. 85. See, also, Palmer v. St. Albans, 60 Vt. 427, 13 Atl. 569, 6 Am. St. Rep. 125.
Judgment affirmed and cause remanded.
Ploof v. Putnam Case Summary
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Ploof v. Putnam
DESCRIPTION OF EVENTS
on the 13th day of November, 1904, the defendant was the owner of a certain island in Lake Champlain, and of a certain dock attached thereto, which island and dock were then in charge of the defendant’s servant; that the plaintiff was then possessed of and sailing upon said lake a certain loaded sloop, on which were the plaintiff and his wife and two minor children; that there then arose a sudden and violent tempest, whereby the sloop and the property and persons therein were placed in great danger of destruction; that to save these from destruction or injury the plaintiff was compelled to, and did, moor the sloop to defendant’s dock; that the defendant by his servant unmoored the sloop, whereupon it was driven upon the shore by the tempest, without the plaintiff’s fault; and that the sloop and its contents were thereby destroyed, and the plaintiff and his wife and children cast into the lake and upon the shore, receiving injuries.
REMEDY SOUGHT damages resulting from unmooring the plaintiff’s sloop from the defendant’s dock.
ARGUMENT FOR PLAINTIFF
“This claim is set forth in two counts; one in trespass, charging that the defendant by his servant with force and arms wilfully and designedly unmoored the sloop; the other in case, alleging that it was the duty of the defendant by his servant to permit the plaintiff to moor his sloop to the dock, and to permit it to remain so moored during the continuance of the tempest, but that the defendant by his servant, in disregard of this duty, negligently, carelessly and wrongfully unmoored the sloop. Both counts are demurred to generally. [demurrer: A method of objecting that admits the facts of the opponent’s argument but denies that they sustain the pleading based upon them]
“There are many cases in the books which hold that necessity, and an inability to control movements inaugurated in the proper exercise of a strict right, will justify entries upon land and interferences with personal property that would otherwise have been trespasses.”
“This doctrine of necessity applies with special force to the preservation of human life.”
ARGUMENT FOR DEFENDANT
the existence of natural objects to which the plaintiff could have moored with equal safety.
The defendant insists that the counts are defective in that they fail to show that the servant, in casting off the rope, was acting within the scope of his employment.
COURT OPINION
Sides with Ploof in claiming that doctirne of necessity applies.
Also: “The allegation is that the defendant did this by his servant. The words “wilfully and designedly” in one count, and “negligently, carelessly and wrongfully” in the other, are not applied to the servant, but to the defendant acting through the servant. The necessary implication is that the servant was acting within the scope of his employment.”
DISPOSITION OF CASE
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