Legal Opinion

Hamlin v. Pairpoint Manufacturing Co.

Massachusetts Supreme Judicial Court

Decided January 13, 1886PublishedCited by 22 opinions

Tort, in two counts. The first count was for breaking and entering the plaintiff’s close in New Bedford, described as bounded on the east by the channel of the Acushnet River; on the south by the southerly line of Howland Street and the extension of said southerly line eastwardly to said channel; and on the west and south by lands of certain persons named.

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Tort, in two counts. The first count was for breaking and entering the plaintiff’s close in New Bedford, described as bounded on the east by the channel of the Acushnet River; on the south by the southerly line of Howland Street and the extension of said southerly line eastwardly to said channel; and on the west and south by lands of certain persons named. The second count alleged that the plaintiff was the owner of a dock and tract of land, with the water and water rights adjacent thereto, bounded as described in the first count, and was the owner of the right to provide docks, and to erect,…

1Opinion of the CourtMorton, C. J.

It clearly appears that the northerly boundary of the land conveyed to the defendant is the southerly line of Howland Street extended into the river, and that the defendant has built its wharf and storehouse a few feet over this line northerly. The defendant contends, however, that the plaintiff has no interest in the land north of the southerly line of How-land Street extended, because his deed to Seabury conveyed the land to the centre of Howland Street. By this deed, the plaintiff conveyed a tract of land, of which the description, so far as material to this case, is as follows: “ Then…

2Cases cited3 opinions

  1. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  2. Motley v. SargentMassachusetts Supreme Judicial Court · 1875
  3. Dean v. City of LowellMassachusetts Supreme Judicial Court · 1883

3Cited by22 opinions

  1. Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
  2. Turner v. City of MobileSupreme Court of Alabama · 1902
  3. First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
  4. Kendall v. GreenSupreme Court of New Hampshire · 1893
  5. Miller v. MendenhallSupreme Court of Minnesota · 1890

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