A trespass committed when the plaintiff had a right to immediate possession of land but had not yet exercised that right. • When the plaintiff takes possession, a legal fiction treats the plaintiff as having had possession ever since the accrual of the right of entry. This is known as trespass by relation because the […]
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moderate castigavit (mod-[schwa]-ray-tee kas-t[schwa]-gay-vit). [Latin “he moderately chastised”] Hist. A plea justifying a trespass because it is really a chastisement that the defendant is legally entitled to inflict on the plaintiff because of their relationship.
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per quod servitium amisit (p[schwa]r kwod s[schwa]r-vish-ee-[schwa]m [ schwa]-mI-zit). [Law Latin] Hist. Whereby he lost the services (of his servant). • This phrase was used in a trespass declaration to describe the loss suffered by a master whose servant had been injured by another. [Cases: Master and Servant 336; Monopolies 12(1.10). C.J.S. Employer–Employee Relationship §§
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