Trespass on the Case Law and Legal Definition

Trespass on the case is an action brought to recover damages from a person whose actions have resulted indirectly in injury or loss. It is a common-law form of action, otherwise known as "case" or "action on the case," for an injury resulting from a wrongful act other than physical force, or for an injury resulting from nonfeasance or negligence, or for an injury which is consequential, as distinguished from a direct or immediate, result of the wrongful act. For instance, a person struck by a log as it was thrown onto a road could maintain trespass against the thrower but one who was hurt by stumbling over it could maintain and action on the case.

If the original force had ceased to act before the injury commenced, the effect is mediate, and the appropriate remedy is trespass on the case. [Ricker v. Freeman, 50 N.H. 420, 428 (N.H. 1870)]