Bliss v. Ball
Massachusetts Supreme Judicial Court
Tort, with a count in the nature of trespass guare clausum fregit, for girdling four maple trees in the plaintiff’s close.
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Tort, with a count in the nature of trespass guare clausum fregit, for girdling four maple trees in the plaintiff’s close. At the trial in the superior court, before D evens, J., it appeared that the plaintiff’s close was situated on the corner of Springfield and Howard Streets in Chicopee, and separated by a fence from the sidewalk on both streets; and that the trees which the defendant girdled were situated five feet outside of the fence and within the limits of Howard Street. The plaintiff offered no evidence of title other than possession for more than twenty years; and testified that he…
1Opinion of the CourtChapman, C. J.
The plaintiff’s occupation furnished presumptive evidence of title to the middle of the street, subject to the public easement. Boston v. Richardson, 13 Allen, 152, 153. White v. Godfrey, 97 Mass. 472. The trees therefore appeared to be on his land. He planted them there more than twenty years ago; and, as the selectmen have permitted them to remain, it must be presumed that they authorized him to plant them. If the defendant thought they were a nuisance to the public, he might have complained to the selectmen, pursuant to the Gen. Sts. c. 46, § 6; and it was for them to decide the question…
2Cases cited1 opinion
- White v. GodfreyMassachusetts Supreme Judicial Court · 1867
3Cited by16 opinions
- Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- Granberry v. JonesTennessee Supreme Court · 1949
- Mayor of Frostburg v. WinelandCourt of Appeals of Maryland · 1904
- Smith v. HoltSupreme Court of Virginia · 1939
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