McKenna v. Eaton
Massachusetts Supreme Judicial Court
Tort by the owner in severalty of half of a double wooden house for an injury to his alleged right of shelter and support from the defendant tearing down the other half.
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Tort by the owner in severalty of half of a double wooden house for an injury to his alleged right of shelter and support from the defendant tearing down the other half. Writ in the Municipal Court of the City of Boston dated January 8, 1901. The answer, in addition to a general denial, alleged that the portion of the building removed and destroyed was thus dealt with in compliance with an order of the board of health of the city of Boston, and that it was wholly upon land owned by the defendant. On appeal to the Superior Court the case was tried before Bond, J., who refused to give the…
1Opinion of the CourtHolmes, C. J.
This is an action of tort brought by the owner of one half of a double house against the owner of the other half, for pulling down the half belonging to the defendant and leaving no support or shelter to the plaintiff. The defendant claimed the right to do what he did, and also justified under an order of the board of health of the city of Boston. The house had stood for over thirty years. At the trial he asked a ruling that if his building was removed by order of the board of health the plaintiff could not recover, but the judge ruled that a valid order of the board would leave the defendant…
2Cases cited6 opinions
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
- Hoffman v. KuhnMississippi Supreme Court · 1880
- Pierce v. DyerMassachusetts Supreme Judicial Court · 1872
- Antomarchi's v. RussellSupreme Court of Alabama · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hammond v. ThompsonMassachusetts Supreme Judicial Court · 1897
- Ansin v. TaylorMassachusetts Supreme Judicial Court · 1928
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
- Louis Pizitz Dry Goods Co. v. PenneySupreme Court of Alabama · 1941
- Supraner v. Citizens Savings BankMassachusetts Supreme Judicial Court · 1939
3 more not listed; retrieve them via the Exa API.