The following facts will be used in questions 12-13. Pilot R…
The following facts will be used in questions 12-13. Pilot Rod was flying from point A to point B to visit relatives. He was flying an airplane owned by him which had two engines. As he was flying over Daisy’s orange grove, one of his engines failed. Believing that to save both himself and his airplane, Rod landed in Daisy’s grove. This caused a great deal of damage to both the grove and the airplane. Given the foregoing facts, a necessary element in determining whether Rod is liable for trespass is whether: