Mayo v. City of Springfield
Massachusetts Supreme Judicial Court
The first case was an action of tort for breaking and entering the plaintiff’s close on the southerly side of Essex Street in Springfield, and depositing a large quantity of earth thereon. The second CASE was an action of tort for carelessly and maliciously digging away the earth that constituted the embankment upon which Essex Street is constructed, and causing the street to fall down.
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The first case was an action of tort for breaking and entering the plaintiff’s close on the southerly side of Essex Street in Springfield, and depositing a large quantity of earth thereon. The second CASE was an action of tort for carelessly and maliciously digging away the earth that constituted the embankment upon which Essex Street is constructed, and causing the street to fall down. The cases were submitted to the Superior Court, and, after judgment for the defendant in each case, to this court, on appeal, on agreed facts, in substance as follows: Essex Street is a public street, running…
1Opinion of the CourtC. Allen, J.
The only question in these cases is whether it was lawful to build the street in such a manner that the embankment would extend upon and occupy the land of Mayo, outside of the limits of the street as laid out. If this was lawful, the city is entitled to prevail in both cases; if unlawful, it is not disputed by the city that Mayo might properly remove the earth put upon his land, and maintain an action against the city for the trespass in placing it there.
The statutes of the Commonwealth provide that, when highways or town ways are laid out, a description of the location and bounds thereof,…
2Cases cited1 opinion
- Simonds v. WalkerMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Perley v. City of CambridgeMassachusetts Supreme Judicial Court · 1915
- McIntire v. RobertsMassachusetts Supreme Judicial Court · 1889
- Preston v. City of NewtonMassachusetts Supreme Judicial Court · 1913
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