In the first place, it is said, consider generally the protection
given by the law to property, both within and outside the limits
of the last-named action. If a man crosses his neighbor's
boundary by however innocent a mistake, or if his cattle escape
into his neighbor's field, he is said to be liable in trespass
quare clausum fregit. If an auctioneer in the most perfect good
faith, and in the regular course of his business, sells goods
sent to his rooms for the purpose of being sold, he may be
compelled to pay their full value if a third person turns out to
be the owner, although he has paid over the proceeds, and has no
means of obtaining indemnity.
Now suppose that, instead of a dealing with the plaintiff's
property, the case is that force has proceeded directly from the
defendant's body to the plaintiff's body, it is urged that, as
the law cannot be less careful of the persons than of the
property of its subjects, the only defences possible are similar
to those which would have been open to an alleged trespass on
land. You may show that there was no trespass by showing that the
defendant did no act; as where he was thrown from his horse upon
the plaintiff, or where a third person took his hand and struck
the plaintiff with it.
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