Proctor v. Adams
Massachusetts Supreme Judicial Court
Tort, in the nature of trespass quare clausum, for entering the plaintiff’s close and carrying away a boat. At the trial in the Superior Court, before Brigham, C. J., it appeared that the premises described in the declaration were a sandy beach on the sea side of Plum Island, and that the defendants went there, between high and low water mark, January 19, 1873, and against the objection and remonstrances of the plaintiff’s tenant, carried away a boat worth $50, which they…
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Tort, in the nature of trespass quare clausum, for entering the plaintiff’s close and carrying away a boat. At the trial in the Superior Court, before Brigham, C. J., it appeared that the premises described in the declaration were a sandy beach on the sea side of Plum Island, and that the defendants went there, between high and low water mark, January 19, 1873, and against the objection and remonstrances of the plaintiff’s tenant, carried away a boat worth $50, which they found lying there. The defendants offered evidence that upon the night of January 18, 1873, there was a severe storm; that…
1Opinion of the CourtGray, C. J.
The boat, having been cast ashore by the sea, was a wreck, in the strictest legal sense. 3 Bl. Com. 106. Chase v. Corcoran, 106 Mass. 286, 288. Neither the finders of the boat, nor the owner of the beach, nor the Commonwealth, had any title to the boat as against its former owner. Body of Liberties, art. 90. Anc. Chart. 211. 2 Mass. Col. Rec. 143. St. 1814, c. 170. Rev. Sts. c. 57. Gen. Sts. c. 81. 3 Dane Ab. 134, 136, 138, 144. 2 Kent Com. 322, 359. But the owner of the land on which the boat was cast was under no duty to save it for him. Sutton v. Buck, 2 Taunt. 302, 312.
If the boat, being…
2Cases cited1 opinion
- Chase v. CorcoranMassachusetts Supreme Judicial Court · 1871
3Cited by12 opinions
- Gibson v. LeonardIllinois Supreme Court · 1892
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Ploof v. PutnamSupreme Court of Vermont · 1908
- Steinwedel v. HilbertCourt of Appeals of Maryland · 1925
- Hanson v. CarrollSupreme Court of Connecticut · 1947
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