Merrick v. Plumley
Massachusetts Supreme Judicial Court
Tort against the members of the building committee of the Methodist Episcopal Society in Wilbraham, for entering the plaintiff’s close, and quarrying and carrying away stone therefrom. Writ dated May 25,1867. The defendants set up in justification of their acts a direct license from the plaintiff’s husband as her agent, and an implied license from her knowledge of such acts and assent thereto.
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Tort against the members of the building committee of the Methodist Episcopal Society in Wilbraham, for entering the plaintiff’s close, and quarrying and carrying away stone therefrom. Writ dated May 25,1867. The defendants set up in justification of their acts a direct license from the plaintiff’s husband as her agent, and an implied license from her knowledge of such acts and assent thereto. At the trial in the superior court, before Brigham, J., “ it was admitted that the plaintiff was the owner of the close; that it was situated within fifty rods of her homestead; that all the stone there…
1Opinion of the CourtGray, J.
The court is of opinion that the plaintiff shows no just ground of exception to any of the rulings or instructions of the judge before whom the trial was had.
The defendants, being sued in tort for entering upon the plaintiff’s land and quarrying and removing stone therefrom, set up in their justification license from the plaintiff herself and from her husband as her agent. They offered in evidence an agreement under seal, containing a license to them, but executed by the husband in his own name, and which was excluded on the plaintiff’s motion as not binding upon her. The defendants were then…
2Cited by3 opinions
- Peebles v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Keane v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
- Steward v. ChurchSupreme Judicial Court of Maine · 1911