McLeod v. Jones
Massachusetts Supreme Judicial Court
Tort for forcibly entering the plaintiff’s close in Taunton, and removing and converting to the defendant’s use household furniture found therein.
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Tort for forcibly entering the plaintiff’s close in Taunton, and removing and converting to the defendant’s use household furniture found therein. At the trial in the superior court, before Pitman, J., property in and possession of the close (which was the upper story of a house) by the plaintiff were admitted; and the plaintiff introduced evidence to show that he had hired and occupied the premises as a residence and dwelling for himself and his wife and two children, about two years, when in September 1868 he took them on a visit to Fall River, and he himself went to New York on a visit to…
1Opinion of the CourtWells, J.
The defendant was liable as a trespasser for entering the plaintiff’s close, unless he can justify his entry by some legal right, or by some license or permission so to do. The plaintiff’s absence will not excuse him. Reasonable cause to believe, and actual belief that the plaintiff and his family did not intend to return, are no defence. The only question is, whether the ruling of the court below was correct, that “ the mere fact that his goods were in said premises under the circumstances stated ” did not furnish a sufficient ground from which a license, permission or legal right could be…
2Cited by21 opinions
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- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Massachusetts Lubricant Corp. v. SoconyVacuum Oil Co.Massachusetts Supreme Judicial Court · 1940
- Boland v. Essex County Bank and Trust CompanyDistrict Court, D. Massachusetts · 1973
- Bacon v. HookerMassachusetts Supreme Judicial Court · 1901
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