Harrington v. McCarthy
Massachusetts Supreme Judicial Court
Bill in equity, filed August 29, 1896, praying that the respondent be enjoined from, constructing and maintaining any part of a building over the plaintiff’s land. In the Superior Court the bill was dismissed; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
This is a bill in equity to obtain a mandatory injunction against the maintenance by the defendant of a building over and upon the land of the plaintiff. The general principles applicable to cases of this kind have often been stated. The proposition relied on by the plaintiff appears in Lynch v. Union Institution for Savings, 159 Mass. 306, 308, in these words: “ In general, where a defendant has gone on without right and without excuse in an attempt to appropriate the plaintiff’s property, or to interfere with his rights, and has changed the condition of his real estate, he is compelled to…
2Cases cited13 opinions
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
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3Cited by36 opinions
- United States v. CausbySupreme Court of the United States · 1946
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
31 more not listed; retrieve them via the Exa API.