Peck v. Denniston
Massachusetts Supreme Judicial Court
o Tobt for the obstruction of the plaintiff’s right of way, and cutting down shade trees. The answer denied obstructing the right of way, admitted the cutting down of the trees, and justified the act through ownership of the soil. At the trial in the Supreme Court, a verdict was ordered for the plaintiff; and the defendant alleged exceptions, which were not allowed, and which were afterwards waived, and the case sent to an assessor to assess the damages.
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o Tobt for the obstruction of the plaintiff’s right of way, and cutting down shade trees. The answer denied obstructing the right of way, admitted the cutting down of the trees, and justified the act through ownership of the soil. At the trial in the Supreme Court, a verdict was ordered for the plaintiff; and the defendant alleged exceptions, which were not allowed, and which were afterwards waived, and the case sent to an assessor to assess the damages. From the assessor’s report it appeared that in 1865 the defendant conveyed to A. Perry Peck a parcel of land in Northampton bounded and…
1Opinion of the CourtGray, C. J.
The general rule is well settled that a boundary on a way, public or private, includes the soil to the centre of the way, if owned by the grantor, and that the way, thus referred to and understood, is a monument which controls courses and distances, unless the deed by explicit s Lavement or necessary implication requires a different construction. Newhall v. Ireson, 8 Cush. 595. Fisher v. Smith, 9 Gray, 441. Boston v. Richardson, 13 Allen, 146. White v. Godfrey, 97 Mass 472. Motley v. Sargent, 119 Mass. 231.
*19There is nothing in this deed to take the case out of the general rule. The boundary…
2Cases cited3 opinions
- Stark v. CoffinMassachusetts Supreme Judicial Court · 1870
- Motley v. SargentMassachusetts Supreme Judicial Court · 1875
- Lewis v. BeattieMassachusetts Supreme Judicial Court · 1870
3Cited by27 opinions
- Paine v. Consumers' Forwarding & Storage Co.Court of Appeals for the Sixth Circuit · 1895
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904
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