Smith v. Smith
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant forcibly entered the plaintiff’s close and broke down a fence, and also built a part of a barn upon the close, and thereby expelled and put out the plaintiff from possession and occupation of a part of the close, and kept and continued him so kept out and expelled from said part of the close.
Read the full summary
Tort. The declaration alleged that the defendant forcibly entered the plaintiff’s close and broke down a fence, and also built a part of a barn upon the close, and thereby expelled and put out the plaintiff from possession and occupation of a part of the close, and kept and continued him so kept out and expelled from said part of the close. Trial in the Superior Court, before Bacon, J., who, after a verdict for the defendant, allowed the following bill of exceptions : “ The plaintiff offered to prove that the eaves or jet of a barn, alleged to have been bruit and erected upon the plaintiff’s…
1Opinion of the CourtMorton, J.
This is an action of tort in the nature of trespass quare clausum, fregit. The plaintiff in his declaration, among other acts of trespass, alleges that the defendant built a part of his barn upon the plaintiff’s close, and thereby put and kept the plaintiff out of the possession and occupation of a part of the close. We think it was competent for the plaintiff to prove that the eaves of the defendant’s barn projected over the plaintiff’s *304close. Projecting his eaves over the plaintiff’s land is a wrongful act on the part of the defendant which, if continued for twenty years, might give him a…
2Cited by9 opinions
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Ferrone v. RossiMassachusetts Supreme Judicial Court · 1942
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- Fulgenitti v. CariddiMassachusetts Supreme Judicial Court · 1935
- Milton v. PufferMassachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.