The most serious form of trespass is that directed against a dwelling house. To constitute trespass there is no necessity for any violence, a mere entrance will be sufficient.8

5 Sterling vs. Jackson, 69 Mich., 488.

6 Case of the Thorns, Y. B., 6 Edw. IV, 7 pl. 18. But the contrary rule would prevail if such goods had been carried upon the lands of another against the will of the owner; this would be especially the case if they had been carried away by the owner of the realty.

7 Harrison vs. Rutland, 1 Q. B., 142.

8 Curtis vs. Hubbard, 1 Hill (N. Y.), 337.

If the abutting owner has the fee to the center of the highway he may maintain an action for trespass on the highway,9 but not if the fee is in the public.10 By a similar rule the abutting owner on a stream, who owns to the centre of such a stream, may maintain an action for trespass to the stream, such as the removal of ice.11

Uninclosed land,12 or land under water,13 are as much the subject of trespass as any other land.

9 Lewis vs. Jones, 1 Pa. St., 336, for placing fence rails on the streets. Rogers vs. Randall, 29 Mich., 41 for removal of sidewalks. Robbins vs. Bor-man, 1 Pick. (Mass)., 122, for ploughing up a road. Trespass will lie on the part of the original owner, or his assigns, for the occupancy of a dedicated public street by a railroad, even where such occupancy is under grant from the city, and the railroad is an additional burden. Railroad Co. vs. Hartley, 67 111., 329; Stone vs Railroad Co., 68 id., 394.

Plaintiff not only proves possession under his deeds coextensive with his deeds (Brooks vs. Bruyn, 18 111., 539; Barber vs. Trustees, 51 id., 398), but title in fee as well.

The first plea of not guilty put in issue merely the possession of the plaintiff and the fact of the alleged trespass (2 Greenleaf on Evidence, Sec, 6l3). The second plea, liberum tenementum, admits possession in the plaintiff but justifies as owner of the freehold. Fort Dearborn Lodge vs. Klien. 115 111., 187.

An adverse right to an easement cannot grow out of a mere permissive enjoyment for any length of time. Quincy vs. Jones, 76 111., 244.

Trespass quare clausum fregit will lie on the part of the owner of the fee in the street, and plaintiff has quasi possession sufficient to maintain the suit. Railroad Co. vs. Hartley, 67 llI., 440; Pekin vs. Brereton. id., 477; Stone vs. Railroad Co., 68 id., 394; Adams vs. Railroad Co., 18 Minn., 260; Cillon on Mun. Corp., Sec. 524 and cases in note.

Ejectment will not lie, because plaintiff is not entitled to possession of the street as against the public. Cincinnati, vs. White, 6 Pet., 431.

10 Gait vs. Chicago, etc., R. Co., 157 111., 125.

11 Bigelow vs. Shaw, 65 Mich., 341, 8 Am. St., Rep. 902.

12 Bedden vs. Clark, 76 El., 338; Harrison vs. Adamson, 86 Iowa, 693. "Every man's land is, in the eye of the law, enclosed and set apart from his neighbor's." 3 Blackstone'a Com., 209.

13 Mitchell vs. Bridges, 113 N. C, 63. A marsh surrounding an island in a river covered with water from six to twelve inches deep is not navigable water, and hunting wild fowl thereon without the owner's permission is a trespass. Hall vs. Alford, 114 Mich.. 165.

Injuries to fisheries,14 and oyster beds,15 line trees,16 and fences,17 are also trespasses.

The individual owner.may maintain trespass for injury to a pew,18 and the trustees of the church, or the congregation, can maintain an action for injuries to the church itself.19