Read the following passage and answer the given questions.

Question

You are fond of homing and racing pigeons. One day when you release them for exercise, they alighted on your neighbour’s land and fed on his growing pea. In order to protect the peas your neighbour shot at the birds, killing four and wounding one. Is any tort committed by your neighbour? Can you sue him for any tort? Cite case law.

Answer 1

The unique fact pattern underlying the question derives from an English Court of Appeal case. See Hamps v. Darby [1948] 2 K.B. 311 (C.A.). In that case, the court affirmed the neighbor's liability in tort (trespass to chattels). In various U.S. jurisdictions, the answer might be the same or differ, depending on the statutes, common law, and applicable defenses.