University of Virginia Library

Hard to Catch Offenders.

But, suppose the alleged trespass is committed, what is the property owner going to do about it? He must first catch the trespasser and this would be a pretty hard job. He certainly could not overtake him, unless he kept a racing aeroplane for this special purpose. It would be equally difficult to indentify the offender after the offense had been committed, even if he were located, as aeroplanes carry no license numbers.

Allowing that the offender should be caught the only recourse of the realty owner is an action for damages. He may prevent the commission of the offense by force if necessary, but after it is committed he can only sue for damages. And in doing this he would have a lot of trouble.