Nichols v. City of Boston
Massachusetts Supreme Judicial Court
Tort for obstructing the plaintiff’s dock and depriving him of the use of his wharf. Writ dated December 20,1865. The ease was submitted to the full court upon a report of Foster, J., before whom the trial was had, and a supplemental statement of facts agreed by the parties, the substance of all which appears in the opinion.
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Tort for obstructing the plaintiff’s dock and depriving him of the use of his wharf. Writ dated December 20,1865. The ease was submitted to the full court upon a report of Foster, J., before whom the trial was had, and a supplemental statement of facts agreed by the parties, the substance of all which appears in the opinion. It was agreed that, if the plaintiff was entitled to recover, judgment should be entered for him, with damages at the rate of one hundred and fifty dollars per month for such time as the defendant was liable; otherwise, judgment for the defendant.
1Opinion of the CourtGray, J.
The plaintiff is the lessee of a wharf in Boston, known as Lincoln’s Wharf, and of a dock or berth for vessels by the side thereof, which lies below the original line of low water mark; and the first question in the case is whether he has proved such a title to this dock as to entitle him to maintain an action for obstructing the access of vessels to it.
It appears by the plan and evidence introduced at the trial and the facts agreed by the parties, that the dock is about one hundred and thirty feet long by thirty feet wide, open only at the easterly end towards the channel, bounded on the…
2Cited by55 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
- Kurtigian v. City of WorcesterMassachusetts Supreme Judicial Court · 1965
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
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