Starr v. Jackson
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum fregit. The first count in the declaration set forth that the defendant, on the 10th of September, 1811, and on divers other days, &c., broke and entered the plaintiffs’ close in Newton, and overturned and destroyed a small building thereon, broke down and removed a gate and fence, and ploughed up and subverted the soil, &c. The second was a general count for breaking and entering another close in Newton.
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This was an action of trespass quare clausum fregit. The first count in the declaration set forth that the defendant, on the 10th of September, 1811, and on divers other days, &c., broke and entered the plaintiffs’ close in Newton, and overturned and destroyed a small building thereon, broke down and removed a gate and fence, and ploughed up and subverted the soil, &c. The second was a general count for breaking and entering another close in Newton. The defendant pleaded, 1st. The general issue to the whole declaration, which was joined; 2d. To the first count, that the building, and the…
1Opinion of the CourtParker, C. J.
The objection made to the verdict in this case is, that the plaintiffs, although owners of the locus in quo, and of the buildings, fences, &c., standing thereon, cannot maintain trespass for the injury done, because they were not in the actual possession at the time; but that, if they are entitled to any action, it should be case, and not trespass. The question therefore goes simply to the form of action; there being no other complaint against the verdict.
There seems to be no doubt but that a tenant at will and his *467landlord may both maintain actions for injuries done to * the soil, or to…
2Cases cited2 opinions
- Campbell v. ArnoldNew York Supreme Court · 1806
- Tobey v. WebsterNew York Supreme Court · 1808
3Cited by36 opinions
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- United States v. LoughreySupreme Court of the United States · 1898
- Russell v. MeyerNorth Dakota Supreme Court · 1898
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Chalmers v. SmithMassachusetts Supreme Judicial Court · 1891
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