Kohlhepp v. Inhabitants of West Roxbury
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close, digging a ditch through it, and turning the water of Stony Brook through the same.
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Tort for breaking and entering the plaintiff’s close, digging a ditch through it, and turning the water of Stony Brook through the same. At the trial in the Superior Court, before Allen, J., it was admitted that the acts which constituted the alleged trespass were done by certain commissioners appointed by the town of West Roxbury to improve Stony Brook and its tributaries for the purposes of sewerage, under the provisions of the Sts. of 1868, c. 228, and 1870, e. 220, after the filing by the commissioners, in the registry of deeds for the county of Norfolk, the paper and plan or plans…
1Opinion of the Court
Lobd, • J.
The St. of 1868, c. 228, requires that the town, upon taking land for the purposes of the act, shall, within sixty days of the taking, file in the office of the registry of deeds for the county in which the lands are situate, a description of the land so taken, “as certain as is required in a common conveyance of land.” It does not follow that the description is not sufficiently certain, because it is in part words and in part a drawing or plan. Nor is it an objection to such plan that it is in sections, if the entire plan is intelligible and may be identified. Nor is it an…
2Cited by3 opinions
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
- Sheehan v. City of FitchburgMassachusetts Supreme Judicial Court · 1881