Stockbridge Iron Co. v. Cone Iron Works
Massachusetts Supreme Judicial Court
Tort, praying for relief in equity, by the owners of land in West Stockbridge against the Cone Iron Works, Franklin B. Cone and Robert Pomeroy, for injury to the plaintiffs’ land by digging a shaft on adjoining land occupied by the defendants, and thence digging and excavating drifts, caves and openings into and under the plaintiffs’ land and taking therefrom large quantities of iron and other ores.
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Tort, praying for relief in equity, by the owners of land in West Stockbridge against the Cone Iron Works, Franklin B. Cone and Robert Pomeroy, for injury to the plaintiffs’ land by digging a shaft on adjoining land occupied by the defendants, and thence digging and excavating drifts, caves and openings into and under the plaintiffs’ land and taking therefrom large quantities of iron and other ores. The plaintiffs alleged that the defendants concealed the injury and prevented them from entering said shaft to ascertain its amount; sought to recover damages for the injury; and prayed for an…
1Opinion of the CourtChapman, C. J.
The defendants’ counsel contends that the evidence did not as matter of law warrant the finding of the justice who heard the cause on the appeal from the master’s taxation of costs; and he refers not only to the order appointing the viewers, but to the bill itself, as sustaining his position, on the ground that the viewers were not authorized to order all the explorations that were made by their direction. But this position is not sustained by reference to the bill and order. The plaintiffs complain that the defendants dug a shaft on their own .and, near the line of the plaintiffs’ land, and…
2Cited by37 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
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