Griffith v. Savary
Massachusetts Supreme Judicial Court
Tort in the nature of trespass quare clausum fregit for entering the plaintiff’s oyster bed in that part of Wareham called' Bourne’s Cove, licensed by the selectmen of Wareham under Pub. Sts. c. 91, § 97, and digging in the soil thereof and injuring the oysters growing thereon and removing quahaugs therefrom. Writ dated November 5, 1901. In the Superior Court the case was heard upon agreed facts by Mason, C. J., who found for the plaintiff in the sum of $1 without costs.
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Tort in the nature of trespass quare clausum fregit for entering the plaintiff’s oyster bed in that part of Wareham called' Bourne’s Cove, licensed by the selectmen of Wareham under Pub. Sts. c. 91, § 97, and digging in the soil thereof and injuring the oysters growing thereon and removing quahaugs therefrom. Writ dated November 5, 1901. In the Superior Court the case was heard upon agreed facts by Mason, C. J., who found for the plaintiff in the sum of $1 without costs. The defendant appealed. The agreed facts were as follows: The plaintiff was licensed by the selectmen of Wareham to plant,…
1Opinion of the CourtLathrop, J.
The plaintiff was duly licensed “to plant, grow and dig oysters ” on the locus in question, under the Pub. Sts. c. 91, § 97. By § 99, this gave him the exclusive use of the flats described in the license for these purposes. Commonwealth v. Manimon, 136 Mass. 456. While the case just cited was an indictment under the Pub. Sts. c. 91, § 101, and while the defendant in this case may not have committed the specific offence pointed out in that section, and may not be subject to prosecution under the St. of 1885, c. 220, § 5, yet if he has infringed the rights of the plaintiff, he is liable to a…
2Cases cited2 opinions
- Commonwealth v. ManimonMassachusetts Supreme Judicial Court · 1884
- Keene v. GiffordMassachusetts Supreme Judicial Court · 1893
3Cited by1 opinion
- Taylor v. Boston, Cape Cod & New York Canal Co.Massachusetts Supreme Judicial Court · 1916