Childs v. O'Leary
Massachusetts Supreme Judicial Court
Tort, in three counts, for' breaking and entering the plaintiff’s close in Boston and taking away soil and rock which was a part thereof, and for negligence in blasting by which the plaintiff’s real estate was injured. Trial in the Superior Court, before Bond¡ J., who allowed a bill of exceptions, in substance as follows. The plaintiff owned a lot of land with a house on it abutting upon a lot owned by the defendant.
Read the full summary
Tort, in three counts, for' breaking and entering the plaintiff’s close in Boston and taking away soil and rock which was a part thereof, and for negligence in blasting by which the plaintiff’s real estate was injured. Trial in the Superior Court, before Bond¡ J., who allowed a bill of exceptions, in substance as follows. The plaintiff owned a lot of land with a house on it abutting upon a lot owned by the defendant. The line between the estates at the rear of the plaintiff’s land was upon a great ledge from fifty to seventy-five feet high, the surface of the plaintiff’s land being for the…
1Opinion of the CourtLathrop, J.
The plaintiff and the defendant owned adjoining parcels of land abutting on the rear on a high ledge, fifty or seventy-five feet high. The surface of the plaintiff’s lot was mostly on the upper part of the ledge, and the defendant’s below. Through the negligence of the defendant in blasting on his portion of the ledge, the plaintiff’s house was injured, and a wall about twenty-five feet in length, together with one hundred and eighteen square feet of the plaintiff’s soil and rock, was destroyed. The jury returned a verdict for the plaintiff for $250, and the case is brought here on exceptions…
2Cases cited1 opinion
- Manning v. City of LowellMassachusetts Supreme Judicial Court · 1899
3Cited by12 opinions
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Crystal Concrete Corp. v. Town of BraintreeMassachusetts Supreme Judicial Court · 1941
- Hopkins v. American Pneumatic Service Co.Massachusetts Supreme Judicial Court · 1907
- Colangeli v. Construction Service Co.Massachusetts Supreme Judicial Court · 1968
- Gallagher v. R. E. Cunniff, Inc.Massachusetts Supreme Judicial Court · 1943
7 more not listed; retrieve them via the Exa API.