Doane v. Badger
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case, the plaintiff’s declaration containing three counts. The first count sets forth, that the plaintiff was seized, on the 1st day of January, 1807, of certain closes, with the dwellinghouses thereon, situate in Boston, and described in the declaration ; and that there was a certain well and pump in a certain close of the defendant, and “ that, from the time whereof the memory of man to the contrary does not exist, the plaintiff and…
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This was an action of trespass upon the case, the plaintiff’s declaration containing three counts. The first count sets forth, that the plaintiff was seized, on the 1st day of January, 1807, of certain closes, with the dwellinghouses thereon, situate in Boston, and described in the declaration ; and that there was a certain well and pump in a certain close of the defendant, and “ that, from the time whereof the memory of man to the contrary does not exist, the plaintiff and those under whom he holds his said closes, and whose estate he has, used at all times freely ‘o use the said well and…
1Opinion of the CourtJackson, J.
The of in all the three counts of the plaintiff’s declaration is substantially the same. is, defendant removed the pump, and erected a building over the well *67and enclosed it, so as to deprive the plaintiff of the use of the well and pump.
We see no objection to the evidence produced by the plaintiff, to i taintain his title as set forth 'in the declaration ; and, if he had also proved the injury as alleged, there appears to be no legal objection tc bis recovering damages.
It was suggested at the argument, that there was evidence produced at the trial, to prove the specific injury as alleged ;…
2Cases cited2 opinions
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
- Converse v. FerreMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Austin v. BarrettSupreme Court of Iowa · 1876
- Pennsylvania, Delaware, & Maryland Steam Navigation Co. v. DandridgeCourt of Appeals of Maryland · 1836