Also known as: action on the case · case
Written by attorneys — see sources below.
A common-law form of action that supplied a remedy for indirect or consequential injuries to person or property resulting from a defendant's wrongful act. The action applied when the harm was not immediate or direct, distinguishing it from the writ of trespass that required forcible and immediate injury.
Tanya Tang threw a log onto a public road without looking. The log rolled slowly and struck Thomas Thompson's passing carriage hours later, injuring him. Thomas sued in trespass on the case because the harm was consequential rather than immediate and direct.
Threshold Capital hired workers who negligently left scaffolding unsecured. Days later the structure collapsed and damaged Taliah Tang's adjacent warehouse. Taliah brought an action on the case to recover for the indirect property loss.
Talon Security fired a gun near Theo Thomas's pasture to scare trespassers. The noise caused his prize cattle to stampede and injure themselves. Theo sued in trespass on the case for the consequential animal losses.
Tundra Resources dumped waste that slowly seeped into a creek feeding Tiffany Torres's farm. The contamination ruined her crops weeks later. Tiffany pursued trespass on the case because the injury was indirect and cumulative.
Thunderbolt Motors promised to build a sturdy wagon for Tara Tran but used defective wood. The wagon collapsed during use and injured Tara. She sued in trespass on the case for the consequential personal injury from the misfeasance.
Tanya Tang fired shots near Thomas Thompson's decoy pond to scare away waterfowl. The birds fled and Thomas lost the season's harvest. He sued in trespass on the case for the indirect economic harm to his livelihood.
Trespass required direct and forcible injury that immediately followed the defendant's act. Trespass on the case covered harms that were indirect or consequential and often involved negligence rather than force.
It remedied indirect damage to land, chattels, or persons caused by a defendant's wrongful conduct. Typical examples included negligent construction that later caused collapse and interference that frightened away animals.
Selecting the wrong writ resulted in dismissal with prejudice. A plaintiff alleging only indirect harm had to use trespass on the case or lose the ability to recover altogether.
Many cases involved negligent conduct that produced consequential harm. The action also extended to intentional acts whose effects were not immediate, such as frightening livestock or polluting a stream.
…he neglects or refuses to perform them he may be compelled by mandamus like other officers. The President is no party to this case. The Secretary is called upon to perform a duty over which the President has no control and for the neglect of which he is in no manner responsible. The Secretary alone is the person to…