Court caseAIR 1984 Mad 103

The defendant, a landowner, laid a live electric wire on his land (to protect his crop against trespass and damage). There was no notice or warning of the wire. The plaintiff, in order to reach his own land, was crossing the defendant's land at about 9 p.m. He came into contact with the wire, received a severe electric shock and sustained serious injuries. He sued the defendant for damages; the defendant contended that the plaintiff was a trespasser and that he was entitled to protect his property.

The Madras High Court held the defendant liable for the plaintiff's injuries. The right to protect property does not extend to the use of hidden and dangerous means that are likely to cause serious injury or death to anyone who comes on the land. Laying a live wire without any warning was not a reasonable or proportionate means of protecting the crop, and the fact that the plaintiff was crossing the defendant's land did not deprive him of his remedy.