Headnote
ítittermga dwelling house, with, out license, is a 'amounts toáge•serai tícense;, and familiar mel^dencSgen• Keeping an inn
i,quse, byeper? coDtlnue tfiye becBvrc!|uested become? acre's-passer a vm to,
I'N ERROR, on certiorari to a justice’s court..
This was: an action of trespass, brought ^by the plaintiff m error against the defendant in error, for entering the-plaintiff’s •, ° t i i M x house. The- defendant pleaded not guilty; and, on the trial» r 0 J 7 7 5 ^6 plaintiff proved, that, he being m bed, (whether, in the day time or at night is not stated,) the defendant entered his. house without permission. The plaintiff’s son,, by order of his father,. requested the defendant to leave the house,; to which; the defendant answered, that he would* go when he pleased!. The plaintiff’s. wife then ordered the defendant to go off, to which-/ ^ ¿efen(j^nt gave a similar answer. The plaintiff then rose from bed, and ordered the defendant to leave his house, but he still refused to go, and remained there half am hour,, without doing any other injury, and then departed.
The defendant moved for a nonsuit, and the* justice decided, that; the proof was insufficient to sustain the action, and non-suited the plaintiff, with costs.
To entera dwelling house without license, is,* in law, a trespass. Any person professing to keep an inn, thereby gives general license to all persons to- enter his house. But the house of the plaintiff does not appear to have been an inn, and, therefore, to render such ah entry lawful*, there must be a permission express or implied; and familiar’intimacy may be evidence of general license for such purpose. According to the evidence, here was no such permission ; and, there? fore, the act of entering the plaintiff’s house was a trespass* Besides, if the defendant had received permission to enter, as "by being asked to walk in, upon his knocking at the door, hi,s subsequent conduct was such an abuse of the license, as to render him a trespasser ab initia.
Judgment reversed