People's Ice Co. v. Davenport
Massachusetts Supreme Judicial Court
Tort for the conversion of and damage to certain ice. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court, in substance as follows. The plaintiff and the defendant were proprietors of icehouses on Sprague Pond, a great pond in Dedham and Hyde Park, and had an equal and common right, or right in common, to take ice from any and all parts of the pond.
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Tort for the conversion of and damage to certain ice. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court, in substance as follows. The plaintiff and the defendant were proprietors of icehouses on Sprague Pond, a great pond in Dedham and Hyde Park, and had an equal and common right, or right in common, to take ice from any and all parts of the pond. Otis H. Weed, called by the plaintiff, testified as follows: “I am the president of the People’s Ice Company. Icehouses of that company are at the north end of Sprague Pond, and the defendant…
1Opinion of the CourtMorton, C. J.
The plaintiff never was in the possession of the ice for the value of which this suit is brought, after it was cut and severed from the real estate. It scraped off the snow from an area which covered about half of the pond, and put down stakes to show where the line of scraping was. It then suspended operations for at least five days before the defendant began to cut ice. The question is whether this gave the plaintiff any title to the ice which it had thus scraped. We think it did not. It is too well settled to be disputed that the property in the great ponds is in the Commonwealth; that the…
2Cases cited3 opinions
- Hittinger v. EamesMassachusetts Supreme Judicial Court · 1877
- Rowell v. DoyleMassachusetts Supreme Judicial Court · 1881
- Gage v. SteinkraussMassachusetts Supreme Judicial Court · 1881
3Cited by8 opinions
- Bossmiller v. StateWisconsin Supreme Court · 1902
- State v. MallorySupreme Court of Arkansas · 1904
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Witke v. State Conservation CommissionSupreme Court of Iowa · 1953
- Barrett v. Rockport Ice Co.Supreme Judicial Court of Maine · 1891
3 more not listed; retrieve them via the Exa API.