Shea v. Inhabitants of Milford
Massachusetts Supreme Judicial Court
Tort for the conversion of certain personal property. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: Evidence was introduced tending to show that the town of Milford, one of the defendants, contracted with the firm of Mead, Mason, and Company for the construction of a granite stone building for a Memorial Hall in Milford; that Mead, Mason, and Company sublet the stone-work to the plaintiff; that the defendant Swasey…
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Tort for the conversion of certain personal property. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: Evidence was introduced tending to show that the town of Milford, one of the defendants, contracted with the firm of Mead, Mason, and Company for the construction of a granite stone building for a Memorial Hall in Milford; that Mead, Mason, and Company sublet the stone-work to the plaintiff; that the defendant Swasey was the agent and architect for the town, and as such had the supervision of the building for said town under a contract…
1Opinion of the CourtW. Allen, J.
The property of the plaintiff alleged to have been converted by the defendants was on land belonging to and occupied by the defendant town. The town requested the plaintiff to remove the property to another place on the same parcel of land, and the plaintiff refused to do so, whereupon the defendants removed it to the place assigned by the town. The instruction, that, if the plaintiff unreasonably neglected to remove the property, and the defendants removed it to another part of the lot, doing no unnecessary damage, the plaintiff could not recover, was sufficiently favorable to the plaintiff,…
2Cases cited1 opinion
- Farnsworth v. LoweryMassachusetts Supreme Judicial Court · 1883
3Cited by13 opinions
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- Row v. Home Savings BankMassachusetts Supreme Judicial Court · 1940
- Varney v. CurtisMassachusetts Supreme Judicial Court · 1913
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
- Willett v. PilotteMassachusetts Supreme Judicial Court · 1953
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