Wright v. Tukey
Massachusetts Supreme Judicial Court
This was air action of trespass quare clausum fregit, for tearing down a fence belonging to the plaintiff, erected by him on land known as Broadway and G street, in that part of the city of Boston called South Boston.
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This was air action of trespass quare clausum fregit, for tearing down a fence belonging to the plaintiff, erected by him on land known as Broadway and G street, in that part of the city of Boston called South Boston. The defendant pleaded the general issue, and specified in his defence, in addition to all matters of denial: — 1. That the close described in the plaintiff’s declaration is and for many years has been a public street or way, first, by a regular laying out by the selectmen of the town of Boston, on the 27th of February, 1805; second, by a dedication to the public. 2. That the…
1Opinion of the CourtShaw, C. J.
The present is an action of trespass quare clausum fregit, alleging an unlawful entry into the close of the plaintiff, and pulling down certain fences.
The defence is, that the plaintiff erected fences on and across two highways in South Boston, called Broadway and * street: that these fences were an obstruction to the high*294way, and nuisances; and that the defendant, as city marshal, removed them, as it was his duty to do. The plaintiff denies that the places where the fences were erected were highways.
The specification of defence states, that the defendant would contend, that the place in…
2Cases cited7 opinions
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- Overly's v. Overly's DeviseesCourt of Appeals of Kentucky · 1858
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
- Ex parte WestonMassachusetts Supreme Judicial Court · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bailliere v. Atlantic Shingle, Cooperage & Veneer Co.Supreme Court of North Carolina · 1909