Hathaway v. Evans
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiffs’ close in Fail River and cutting wood thereon. Trial and verdict for the plaintiffs in the superior court, before Scudder, J., who allowed a bill »f exceptions, of which the following are the material parts: “ The question was as to the true line of division between two adjoining lots of woodland, which was the line between the twelfth and thirteenth lots in a laying out in the Freeman’s Purchase, more than one hundred years ago.
Read the full summary
Tort for breaking and entering the plaintiffs’ close in Fail River and cutting wood thereon. Trial and verdict for the plaintiffs in the superior court, before Scudder, J., who allowed a bill »f exceptions, of which the following are the material parts: “ The question was as to the true line of division between two adjoining lots of woodland, which was the line between the twelfth and thirteenth lots in a laying out in the Freeman’s Purchase, more than one hundred years ago. The entire line between these lots was about four miles in length ; and the loans in quo was situated on the eastern…
1Opinion of the CourtAmes, J.
1. The admission or rejection of the plan, at the time when it was offered, was a matter wholly within the discretion of the presiding judge, and is not subject to the revision of this court. Morse v. Potter, 4 Gray, 292. Carruth v. Bayley, 14 Allen, 532.
2. There was conflicting evidence as to the matters embraced in the third and fourth propositions which the defendant requested the court to adopt in its instructions to the jury. The court could not have instructed the jury as requested, without assuming the decision of controverted matters of fact. The instructions actually given were…
2Cited by9 opinions
- Bond v. O'GaraMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1939
- Finnegan v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1938
- Morrison v. HolderMassachusetts Supreme Judicial Court · 1913
- Peavey v. MoranMassachusetts Supreme Judicial Court · 1926
4 more not listed; retrieve them via the Exa API.