Hayden v. Stone
Massachusetts Supreme Judicial Court
Tort to recover damages for breaking and entering the plaintiff’s close, situated at the comer of Bridge and Hawley streets, in Northampton.
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Tort to recover damages for breaking and entering the plaintiff’s close, situated at the comer of Bridge and Hawley streets, in Northampton. At the trial in the Superior Court, before Brigham, C. J., it appeared that the plaintiff claimed title under a deed from the executors of John Clarke; that in 1824 Clarke purchased the land at the corner, and erected a house on it, and built a fence around the greater part of it, leaving unfenced a triangular piece at the corner of the streets; that the trespass complained of was the tearing down a fence erected by the plaintiff in 1870, at the westerly…
1Opinion of the CourtEndicott, J.
A highway by dedication could be created in this Commonwealth prior to the St. 1846, c. 203, by the owner of the land dedicating the particular parcel to the use of the public for the purposes of a highway, and the acceptance of the gift or the acquiescing in such use by the city or town bound to keep it in repair. Hobbs v. Lowell, 19 Pick. 405. Bowers v. Suffolk Manufacturing Co. 4 Cush. 332, 340. The intent so to dedicate must be made manifest by the unequivocal declarations or acts of the owner. If the intent so to do is not clearly established, there is no highway. In Hobbs v. Lowell,…
2Cases cited5 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
- Hook v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Fisher v. PlimptonMassachusetts Supreme Judicial Court · 1867
- Rowland v. BangsMassachusetts Supreme Judicial Court · 1869
3Cited by35 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Guarantee Co. of North America v. Phenix Ins.Court of Appeals for the Eighth Circuit · 1903
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- City of Palmetto v. KatschSupreme Court of Florida · 1923
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
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