Rockwood v. Robinson
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close in Na-tick, and removing therefrom large quantities of loam, sand, and gravel.. At the trial in the Superior Court, before Thompson, J., without a jury, the plaintiff claimed title to the premises under the will of Collins Morse, deceased, the material clauses of which appear in the opinion. The plaintiff offered evidence tending to prove the value, as a commodity, of the materials taken by the defendants.
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Tort, for breaking and entering the plaintiff’s close in Na-tick, and removing therefrom large quantities of loam, sand, and gravel.. At the trial in the Superior Court, before Thompson, J., without a jury, the plaintiff claimed title to the premises under the will of Collins Morse, deceased, the material clauses of which appear in the opinion. The plaintiff offered evidence tending to prove the value, as a commodity, of the materials taken by the defendants. The judge excluded the evidence offered j ruled that, under the provisions of the will, the plaintiff was a tenant for life, and that,…
1Opinion of the CourtField, C. J.
We assume that, in an action in the nature of trespass quare clausum, a tenant for his own life can recover only for the injury to his particular estate, and that this includes only the injury to the possession and enjoyment of the estate during his life, and that the reversioner can recover in an action on the case for the injury to the reversion. Bascom v. Dempsey, 143 Mass. 409. When the plaintiff is in possession, and is the owner in fee, the damages are the diminished value of the property by reason of the trespass. Mayo v. Springfield, 138 Mass. 70. If the land contains gravel, sand,…
2Cases cited6 opinions
- Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
- Handforth v. MaynardMassachusetts Supreme Judicial Court · 1891
- James v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
- Bascom v. DempseyMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Laurin v. DeCarolis Construction Co., Inc.Massachusetts Supreme Judicial Court · 1977
- Anthony v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1894
- Tinkham v. WindMassachusetts Supreme Judicial Court · 1946
- Gallagher v. R. E. Cunniff, Inc.Massachusetts Supreme Judicial Court · 1943
2 more not listed; retrieve them via the Exa API.