Swain v. Mizner
Massachusetts Supreme Judicial Court
Action of tort for breaking and entering the plaintiff’s dwelling-house. At the trial in the superior court of Suffolk there was evidence of these facts: The plaintiff hired and occupied several rooms on each side of the hall or entry on the third floor of a building in Clifford Place in Boston, being all the rooms on that floor. The residue of the building was also leased by the owner in distinct portions to different families.
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Action of tort for breaking and entering the plaintiff’s dwelling-house. At the trial in the superior court of Suffolk there was evidence of these facts: The plaintiff hired and occupied several rooms on each side of the hall or entry on the third floor of a building in Clifford Place in Boston, being all the rooms on that floor. The residue of the building was also leased by the owner in distinct portions to different families. The plaintiff and other tenants each had exclusive occupation and control of the part of the house occupied by him, except of the stairway and entry, which were for…
1Opinion of the CourtNelson, C. J.
instructed the jury “ that if the plaintiff had proved to their reasonable satisfaction that he had the rightful and exclusive control and possession of a portion of the house, and had also forbidden and endeavored to prevent the entrance of the defendant, then the defendant would have no right violently to break and enter against the plaintiff’s will, although he was an officer and had legal process which he was endeavoring to serve, and although he had, without the knowledge of the *183plaintiff, and without breaking, got an entrance into the outer door of this common house and building.”
J. F.…
2Cases cited1 opinion
- Oystead v. ShedMassachusetts Supreme Judicial Court · 1816
3Cited by7 opinions
- United States v. Mose HollandCourt of Appeals for the Second Circuit · 1985
- Clover v. UrbanSupreme Court of Connecticut · 1928
- Scanlan v. LaCosteSupreme Court of Colorado · 1915
- Davis v. HartelSuperior Court of Pennsylvania · 1914
- Fourette v. GriffinSupreme Court of Connecticut · 1918
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