Legal Opinion

Pinkerton v. Inhabitants of Randolph

Massachusetts Supreme Judicial Court

Decided October 21, 1908PublishedCited by 14 opinions

Bill in equity, filed in the Superior Court on September 14, 1906, against the town of Randolph and against the persons acting as selectmen and the persons acting as water commissioners of that town, to restrain the defendants from entering certain land of the plaintiff on Wales Avenue, a private way in Randolph leading from North Main Street to Cross Street in that town, or from crossing such land of the plaintiff or digging a trench therein, and for the assessment of…

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Bill in equity, filed in the Superior Court on September 14, 1906, against the town of Randolph and against the persons acting as selectmen and the persons acting as water commissioners of that town, to restrain the defendants from entering certain land of the plaintiff on Wales Avenue, a private way in Randolph leading from North Main Street to Cross Street in that town, or from crossing such land of the plaintiff or digging a trench therein, and for the assessment of damages for acts of trespass alleged to have been committed by the defendants in taking and destroying many trees, shrubs and…

1Opinion of the CourtHammond, J.

This case is before us upon an appeal taken by the defendants from a final decree overruling their exceptions to the report of the master, and allowing damages against the defendants as found by him. Although one of the purposes of the bill was to obtain an injunction against future trespasses, it now appears from the record that since the bill was filed Wales Avenue has been legally laid out; and hence the only question before us respects the matter of damages suffered by the plaintiff before the filing of the bill, and the extent to which any of the defendants are answerable.

The question…

2Cases cited8 opinions

  1. Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
  2. Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
  3. Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
  4. Peck v. DennistonMassachusetts Supreme Judicial Court · 1876
  5. McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
  3. Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
  4. Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
  5. Casella v. SneiersonMassachusetts Supreme Judicial Court · 1949

9 more not listed; retrieve them via the Exa API.

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