Massari Et Ux. v. Bolognani

This action is against Girardo Bolognani and five other defendants, for breaking and entering plaintiffs’ close, and removing therefrom a quantity of the soil. The suit was discontinued as to three of the defendants at the close of plaintiffs’ evidence. Those here concerned pleaded the general issue, and special pleas alleging that in what they did they acted as officers and servants of the village of Readsboro; that such soil as they removed was within the limits of a public highway, and was used to repair such highway, and also that plaintiffs gave their consent to its removal. The verdict…