Defense of Involuntary Trespass

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It is a good plea to an action for trespass on land, that the defendant disclaims all title to the land, that the trespass was by negligence or involuntary, and that defendant tendered sufficient amount in satisfaction of the same before action brought.

Code 1858, § 3408 (deriv. Acts 1715, ch. 27, § 7); Shan., § 5163; mod. Code 1932, § 9322; T.C.A. (orig. ed.), § 23-2903.

Collateral References. 75 Am. Jur. 2d Trespass §§ 37, 70, 71.

87 C.J.S. Trespass § 80.

Recovery in trespass for injury to land caused by airborne pollutants. 2 A.L.R.4th 1054.

Trespass 22-27.


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