Smith v. Barnes
Massachusetts Supreme Judicial Court
Three actions of tort against proprietors of a marsh it? North Chelsea, for trespassing on the plaintiff’s adjoining upland ; tried together in the superior court, without a jury, before Ames, C. J., who gave judgment for the defendants, and reported the cases for the revision of this court, in substance as follows: In 1850, James Smith, by deed with covenants of full warranty, conveyed a farm abutting on a highway in North Chelsea to the plaintiff, who built a hotel on part…
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Three actions of tort against proprietors of a marsh it? North Chelsea, for trespassing on the plaintiff’s adjoining upland ; tried together in the superior court, without a jury, before Ames, C. J., who gave judgment for the defendants, and reported the cases for the revision of this court, in substance as follows: In 1850, James Smith, by deed with covenants of full warranty, conveyed a farm abutting on a highway in North Chelsea to the plaintiff, who built a hotel on part of the land, inclosed another part for a racecourse, and graded a wide avenue from the highway to the gate of the…
1Opinion of the CourtHoar, J.
The facts reported in the bill of exceptions show that the defendants owned a right of way to their marshes over the plaintiff’s land; that the plaintiff obstructed and shut up the way, against the will and notwithstanding the resistance of the defendants; that he afterward notified the defendants that they might pass over his land by a different way; and that they thereupon adopted and used the new way instead of the old one for several years, the old one remaining obstructed. The action is tort in the nature of trespass qua/re clausum fregit, and the defendants justify under a claim of…
2Cited by7 opinions
- Davis v. SikesMassachusetts Supreme Judicial Court · 1926
- Byrne v. SavoieMassachusetts Supreme Judicial Court · 1916
- Epstein v. DunbarMassachusetts Supreme Judicial Court · 1915
- Tabbutt v. GrantSupreme Judicial Court of Maine · 1900
- Bangs v. ParkerSupreme Judicial Court of Maine · 1880
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