Callender v. Marsh
Massachusetts Supreme Judicial Court
This was an action of trespass on the case for digging down the streets by the plaintiff’s dwellinghouse, in Boston, and taking away the earth, so as to lay bare the foundation walls of the bouse, and endanger its falling ; in consequence of which, the plaintiff was obliged, at great expense, to build up new walls, and otherwise secure the house, and render it safe and convenient of access, as before.
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This was an action of trespass on the case for digging down the streets by the plaintiff’s dwellinghouse, in Boston, and taking away the earth, so as to lay bare the foundation walls of the bouse, and endanger its falling ; in consequence of which, the plaintiff was obliged, at great expense, to build up new walls, and otherwise secure the house, and render it safe and convenient of access, as before. The defendant pleaded the general issue, and filed a brief statement, pursuant to the statute, in which he set forth his appointment and qualification as surveyor of the highways for the city of…
1Opinion of the Court
The opinion of the Court was delivered at the following November term, by
Parker C. J.
[After stating the ground of the action and of the defence, he proceeded :] The merits of this defence depend upon the power and authority given to surveyors of highways by the statutes of the Commonwealth, upon the validity of those statutes in reference to the constitutional power of the legislature on such subjects, and upon the right execution of the powers so given.
Preliminary questions were made on the argument, as to the choice and qualification of the defendant in the office of surveyor ; and also as…
2Cases cited1 opinion
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
3Cited by7 opinions
- Knick v. Township of ScottSupreme Court of the United States · 2019
- State Through DOTD v. Chambers Inv. Co.Supreme Court of Louisiana · 1992
- In re Lafayette Ave.New York Supreme Court · 1913
- Knick v. Township of ScottSupreme Court of the United States · 2019
- Blair v. Massachusetts Department of Conservation & RecreationMassachusetts Superior Court · 2006
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