Hopkins v. American Pneumatic Service Co.
Massachusetts Supreme Judicial Court
Tort, originally by Rebecca M. Hopkins, for damages to her land and building numbered 1508 on Washington Street in Boston from the negligent digging by the defendant of a trench on its adjoining land near the party wall, which caused the plaintiff’s building to settle, whereby it was alleged that the building" was damaged and depreciated in value, that the plaintiff lost tenants and that the rental value of the building was diminished permanently.
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Tort, originally by Rebecca M. Hopkins, for damages to her land and building numbered 1508 on Washington Street in Boston from the negligent digging by the defendant of a trench on its adjoining land near the party wall, which caused the plaintiff’s building to settle, whereby it was alleged that the building" was damaged and depreciated in value, that the plaintiff lost tenants and that the rental value of the building was diminished permanently. Writ dated November 16, 1901. On November 11, 1902, Rebecca M. Hopkins died and Samuel B. Hopkins and Addie L. Meins were appointed executors of…
1Opinion of the CourtKnowlton, C. J.
This is an action of tort to recover damages to the plaintiffs’ building, caused by the defendant in negligently and improperly digging a trench in the cellar of its adjacent house, near the party wall. There are two exceptions for our consideration, one to the instructions of the judge on the question of damages, the other to the admission of testimony.
The jury were instructed that, if they came to the question of damages, the plaintiffs were entitled to recover the difference between the fair market value of the property before the injury caused by the defendant and its market value after…
2Cases cited3 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
- Childs v. O'LearyMassachusetts Supreme Judicial Court · 1899
3Cited by27 opinions
- Trinity Church in the City v. John Hancock Mut. L. Ins.Massachusetts Supreme Judicial Court · 1987
- Eldridge v. BartonMassachusetts Supreme Judicial Court · 1919
- Elena Given v. Commerce InsuranceMassachusetts Supreme Judicial Court · 2003
- Crystal Concrete Corp. v. Town of BraintreeMassachusetts Supreme Judicial Court · 1941
- Jackson Hill Coal & Coke Co. v. BalesIndiana Supreme Court · 1915
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