Kirk v Gregory ( 1876 ) 1 Ex D 55
THIS LANDMARK CASE IS RELATED TO THE TERM "NECESSITY" , which is a general defence under L aw of Tort. FACTS Following the death of A, A's sister-in-law moves the jewellery from A's room and keeps it in an unlocked box in another room, thinking that place to be safer than the previous one. But in fact , the jewellery got stolen from there. JUDGEMENT It was held that the moving of Jewellery from the deceased's room to another room was not necessary. ACT FOR WHICH THE DEFENDANT HELD LIABLE The court held A's sister in law liable for trespass to goods.