Beckwith v. Massachusetts Turnpike Authority

The plaintiffs brought an action in tort “for trespass to real property and negligence resulting in damage to real property.” The declaration alleged that the “defendant, as part of its construction on Beacon Street, raised the sidewalk and street level [adjacent to the plaintiffs’ premises] by approximately seven inches,” causing certain damage to the plaintiffs’ building and its contents. The writ and declaration were entered on June 7, 1965, but no further pleadings were filed until October 13, 1967, when the plaintiffs filed a motion for leave to amend the declaration by substituting a…