“Plaintiff claims that Defendant trespassed on his property. To establish this claim, Plaintiff must prove all of the following: 1. That Platiniff owned/leased/occupied/controlled the property; 2. That Defendant was engaged in an extrahazardous activity; 3. That the extrahazardous activity caused [] to enter Plaintiff’s property; 4. That Plaintiff did not give permission for the entry [or that Defendant exceeded Plaintiff’s permission]; 5. That Plaintiff was harmed; and 6. That Defendan’s conduct was a substantial factor in
causing Plaintiff’s harm. [Entry can be on, above, or below the surface of the land.] [Entry may occur indirectly, such as by causing vibrations that damage the land or property on the land.]”
[CACI Jury Instructions [citations omitted]]
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