Stackpole v. Healy
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the close of the plaintiffs. The declaration contains two counts. The first alleges that the defendant on, &c., with force and arms, broke and entered the close of the plaintiffs in Waterville, bounded, &c., and with cows ate up, consumed, and depastured the grass and corn then and there growing, of the value, &c. The second count alleges a like trespass in that part of the same close, over which the .public highway runs.
Read the full summary
Trespass for breaking and entering the close of the plaintiffs. The declaration contains two counts. The first alleges that the defendant on, &c., with force and arms, broke and entered the close of the plaintiffs in Waterville, bounded, &c., and with cows ate up, consumed, and depastured the grass and corn then and there growing, of the value, &c. The second count alleges a like trespass in that part of the same close, over which the .public highway runs. The defendant pleads not guilty as to the force, &c.; and as to the residue of the trespass in the first count, he pleads in bar, that…
1Opinion of the CourtPutnam, J.
The principal question intended to be presented in this case is, whether the people of this commonwealth have a right to use the lands for the purpose of grazing, which have been laid *29out as highways. I hold it to be clear that tne public have no other right, but that of passing and repassing ; and that the title to the land, and all the profits to be derived from it, consistently with, and subject to, the right of way, remain in the owner of the soil. The owner may maintain trespass for any injury to the soil, which is not incidental to the right of passage acquired by the people (1). The…
2Cases cited3 opinions
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
- Alden v. MurdockMassachusetts Supreme Judicial Court · 1816
- Bayley v. TaberMassachusetts Supreme Judicial Court · 1810
3Cited by58 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1937
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
53 more not listed; retrieve them via the Exa API.