Denniston v. Clark
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close, and carrying away therefrom one thousand loads of earth and stone. Writ dated September 2, 1874. Answer: 1. A general denial. 2. That the acts complained of were done by the defendant as highway surveyor in repair of the highways within his jurisdiction.
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Tort for breaking and entering the plaintiff’s close, and carrying away therefrom one thousand loads of earth and stone. Writ dated September 2, 1874. Answer: 1. A general denial. 2. That the acts complained of were done by the defendant as highway surveyor in repair of the highways within his jurisdiction. Trial in the Superior Court before Putnam, J., who allowed a bill of exceptions in substance as follows : The evidence tended.to show that the plaintiff owned land on Prospect Hill, on the northerly side of Prospect Street, in Northampton ; that against this land the highway descended the…
1Opinion of the CourtLord, J.
We think the case of Benjamin v. Wheeler, 8 Gray 409, decisive of this. The ruling of the presiding judge was accurate, with the exception that he permitted the jury to pass apon the question of the good faith of the surveyor in his mode *219of making repairs. There seemed to be no controversy at the trial upon the question whether the defendant was a surveyor of highways; nor whether he was engaged in making repairs. And the instructions to the jury were based upon these facts; that the defendant was a surveyor of highways, and was in the execution of his official duty. Under such circumstances,…
2Cases cited15 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- City of Delphi v. EvansIndiana Supreme Court · 1871
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3Cited by26 opinions
- Gildea v. EllershawMassachusetts Supreme Judicial Court · 1973
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
- Robert v. . SadlerNew York Court of Appeals · 1887
- Salt River Valley Water Users' Ass'n v. Compton Ex Rel. ComptonArizona Supreme Court · 1932
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