Morrison v. Howe
Massachusetts Supreme Judicial Court
Two actions OF tort for the conversion of buildings. Trial in this court, before Wells, J., who reported the cases for the consideration of the full court, in substance as follows : On April 3,1874, the plaintiff was the owner of certain buildings on the land of another on Green Street and George Street, public highways in Lowell, with the right to remove them therefrom.
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Two actions OF tort for the conversion of buildings. Trial in this court, before Wells, J., who reported the cases for the consideration of the full court, in substance as follows : On April 3,1874, the plaintiff was the owner of certain buildings on the land of another on Green Street and George Street, public highways in Lowell, with the right to remove them therefrom. On April 17, the plaintiff filed petitions with the mayor and aldermen of Lowell, for licenses to occupy and use for the term of four days a sufficient width of certain streets in Lowell for moving the buildings from Green…
1Opinion of the CourtDeyens, J.
The defendants acted under the authority of the surveyors of highways of the city of Lowell in what they did as to certain buildings standing in the streets of that city. They have not converted them to their own use, unless they did so by taking them down and removing the materials from the streets, and they have always been ready to deliver these to the plaintiff.
It is contended that no question of the construction or repair of highways is here involved, and that only a jury can decide whether the use made by the plaintiff of the streets in moving his buildings through them was unreasonable…
2Cases cited2 opinions
- Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874
- Heald v. LangMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- DiMaggio v. MYSTIC BUILDING WRECKING CO. INC.Massachusetts Supreme Judicial Court · 1960
- Wallenberg v. City of MinneapolisSupreme Court of Minnesota · 1910
- Wilson v. SimmonsSupreme Judicial Court of Maine · 1896
- Murray v. County of NorfolkMassachusetts Supreme Judicial Court · 1889
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