Higginson v. York
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the close of the plaintiffs, called Burnt Coat island, and taking and carrying away three hundred cords of the plaintiffs’ wood.
1Opinion of the Court
There was no evidence that the defendant had any knowledge of the trespass committed by Phinney, or that he was in any manner concerned, or aiding or assisting therein, other than by going to the island, and taking the wood upon freight as aforesaid. The title of the plaintiffs to the island was not questioned.
The cause was submitted without argument. The Court did not hesitate in giving their opinion in favor of the action, observing that the defendant was clearly a trespasser in going, without the license of the owner * upon the island of the plain- [ * 342 ] tiffs; and supposing his taking…
2Cited by11 opinions
- Lawrence v. O'NeillMassachusetts Supreme Judicial Court · 1944
- Row v. Home Savings BankMassachusetts Supreme Judicial Court · 1940
- Rockwell v. SaundersNew York Supreme Court · 1854
- Hazelton v. WeekWisconsin Supreme Court · 1880
- Hobart v. HaggetSupreme Judicial Court of Maine · 1835
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