Cavanagh v. Durgin
Massachusetts Supreme Judicial Court
Tobt, in the nature of trespass quare clausum. The plaintiffs discontinued their action against all the defendants except Frederick Gr. Whitcomb. Trial in the Superior Court, before Barker, J., who reported the case for the determination of this court, in substance as follows.
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Tobt, in the nature of trespass quare clausum. The plaintiffs discontinued their action against all the defendants except Frederick Gr. Whitcomb. Trial in the Superior Court, before Barker, J., who reported the case for the determination of this court, in substance as follows. No evidence was offered except the report and the supplementary report of an auditor to whom the case had been previously committed by the court under the ordinary rule, and except an offer to prove that two or three years before the bringing of this action the plaintiffs sought, in an action against the city of Boston,…
1Opinion of the CourtMorton, J.
The acts of the defendants of which the plaintiffs complain were the building of a dam, and the digging of a trench upon their premises. These acts were unlawful and constituted a trespass, and the plaintiffs could at any time have removed the dam and filled up the trench. Cavanagh v. Boston, 139 Mass. 426. The defendants could not have entered to do either without being guilty of another trespass. The damages which the plaintiffs were entitled to recover, therefore, were the expenses of removing the dam and filling up the trench, and of restoring the premises to their former condition, and…
2Cases cited1 opinion
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Laurin v. DeCarolis Construction Co., Inc.Massachusetts Supreme Judicial Court · 1977
- Gallagher v. R. E. Cunniff, Inc.Massachusetts Supreme Judicial Court · 1943
- Blood v. CohenMassachusetts Supreme Judicial Court · 1953
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