Meehan v. Barry
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the plaintiff was the owner of certain premises in West Roxbury, bounded upon one side on a private way known as Union Street, of which street he was entitled to convenient use and enjoyment for passing and repassing with his teams and otherwise, but that the defendant had obstructed the street, whereby the plaintiff had lost the benefit and use thereof.
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Tort. The declaration alleged that the plaintiff was the owner of certain premises in West Roxbury, bounded upon one side on a private way known as Union Street, of which street he was entitled to convenient use and enjoyment for passing and repassing with his teams and otherwise, but that the defendant had obstructed the street, whereby the plaintiff had lost the benefit and use thereof. The answer was a general denial, with an averment that the defendant was also an owner of certain premises upon the street, and that whatever acts he had done were in the nature of reasonable repairs and…
1Opinion of the CourtHoar, J.
Without intending to express any opinion upon the question whether the conclusion to which the superior court arrived might be supported as a conclusion upon the facts, we think that the case should have been submitted to the jury, and could not be settled as a question of law.
The action is for the obstruction of the plaintiff’s right of way in a street over which both parties had a right to pass The defendant put the gravel, stones and plank, which constituted the alleged obstruction, upon a part of the way of which he appears to have owned the fee. This was no invasion of the plaintiff’s…
2Cited by8 opinions
- Guillet v. LivernoisMassachusetts Supreme Judicial Court · 1937
- Killion v. KelleyMassachusetts Supreme Judicial Court · 1876
- Stifel v. HannanWest Virginia Supreme Court · 1924
- Gaw v. HughesMassachusetts Supreme Judicial Court · 1873
- Kelley v. SaltmarshMassachusetts Supreme Judicial Court · 1888
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