Smith Paper Co. v. Servin
Massachusetts Supreme Judicial Court
Tort for the conversion of an iron table used in the manufacture of plate glass. Writ dated January 15, 1880. Answer: 1. A general denial. 2. That the defendant was the owner of a parcel of land with a factory thereon, to which the table was annexed as part of the realty. Trial in the Superior Court, before Rockwell, J., who ruled that the plaintiff was entitled to maintain its action, directed a verdict accprdingly, and reported the case for the determination of this court.
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Tort for the conversion of an iron table used in the manufacture of plate glass. Writ dated January 15, 1880. Answer: 1. A general denial. 2. That the defendant was the owner of a parcel of land with a factory thereon, to which the table was annexed as part of the realty. Trial in the Superior Court, before Rockwell, J., who ruled that the plaintiff was entitled to maintain its action, directed a verdict accprdingly, and reported the case for the determination of this court. If the ruling was correct, judgment was to be entered on the verdict; otherwise, the parties agreed that such entry was…
1Opinion of the CourtEndicott, J.
We can have no doubt that the table which is the subject matter of this suit became part of the realty when placed in the factory.
*512The factory was for the manufacture of rough plate glass. When the defendant took her deed of the premises, it contained two ovens, in which the plates of glass were tempered and annealed, and two furnaces used for melting in crucibles the substances of which the glass was made. The furnaces rested on solid mason-work, and on the'right and left of each was an iron 1 table and a crane. By means of these cranes the crucibles were lifted from their places, and the…
2Cases cited6 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Dolliver v. ElaMassachusetts Supreme Judicial Court · 1880
- Bainway v. CobbMassachusetts Supreme Judicial Court · 1868
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3Cited by18 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Thomson v. SmithSupreme Court of Iowa · 1900
- Commercial Credit Corp. v. Commonwealth Mortgage & Loan Co.Massachusetts Supreme Judicial Court · 1931
- Mallory v. AgeeSupreme Court of Alabama · 1932
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