Hoyt v. Kennedy
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close in Hard-wick, and doing certain acts thereon. At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This is an action of trespass quare clausum. The defendant justifies on the ground that at the times of the alleged trespasses he was using a prescriptive right of way which was appurtenant to the King farm, so called, which he occupied. There was testimony tending to show that the locus was situated between the highway and a pond called Hardwick Pond, that its surface was hilly and broken and covered with a growth of pine and brush, that about one third of it was pasture land, and that there were various ways across it, following for *55the most part the low land between the hills, some of…
2Cases cited3 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Chase v. PerryMassachusetts Supreme Judicial Court · 1882
3Cited by11 opinions
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- Boothroyd v. BogartzMassachusetts Appeals Court · 2007
- Bartlett v. Roosevelt, Inc.Massachusetts Supreme Judicial Court · 1927
- Garvin v. StateNew York Court of Claims · 1921
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