Chalmers v. Smith
Massachusetts Supreme Judicial Court
Tort, with a count in contract, to recover for a loss by the fall of a barn in South Hadley. The declaration was as follows: “ Count in tort.
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Tort, with a count in contract, to recover for a loss by the fall of a barn in South Hadley. The declaration was as follows: “ Count in tort. And the plaintiffs say the defendants became and were tenants to the plaintiffs of a certain barn and premises of the plaintiffs, situated in said South Hadley, which said defendants hired for the storage of hay, and when so occupying and using said barn and premises as such tenants, they wrongfully and unlawfully, and without the license and against the will of the said plaintiffs, stored and filled the barn floors, passageways, and stables of said…
1Opinion of the CourtKhowltoh, J.
The jury have found that the defendants unreasonably used the plaintiff’s bam by putting into it a weight which was apparently, and in fact, excessive. This was something more,than a mere omission which would constitute permissive waste. It was a positive, unreasonable act, of a kind likely to cause injury to the plaintiffs’ property. Such an act, which results in damage, is voluntary waste on the part of a tenant who is guilty of it.
A tenant at will who commits voluntary waste is liable to his landlord in an action of trespass quare clausum. His act terminates his right as a tenant, and…
2Cases cited3 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Lothrop v. ThayerMassachusetts Supreme Judicial Court · 1885
3Cited by18 opinions
- Gade v. National Creamery Co.Massachusetts Supreme Judicial Court · 1949
- Means v. CottonMassachusetts Supreme Judicial Court · 1916
- Bech v. CuevasMassachusetts Supreme Judicial Court · 1989
- Vollertsen v. LambOregon Supreme Court · 1987
- Hersey v. ChapinMassachusetts Supreme Judicial Court · 1894
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