Berry v. Godfrey
Massachusetts Supreme Judicial Court
Tort for injury to a brick wall, alleged to belong to the plaintiff, due to the defendant’s driving nails into it. Writ in the Police Court of Lawrence dated April 11, 1905. On appeal, the case was tried before Bell, J. The agreement referred to in the opinion recited, in substance, that the parties being adjoining owners, “ hereby mutually grant and covenant each . . . with the other . . . that either party hereto . . . may build a party wall ... on any part or the whole of…
Read the full summary
Tort for injury to a brick wall, alleged to belong to the plaintiff, due to the defendant’s driving nails into it. Writ in the Police Court of Lawrence dated April 11, 1905. On appeal, the case was tried before Bell, J. The agreement referred to in the opinion recited, in substance, that the parties being adjoining owners, “ hereby mutually grant and covenant each . . . with the other . . . that either party hereto . . . may build a party wall ... on any part or the whole of said boundary line between the said estates which the other party . . . shall have the right to use as herein provided,…
1Opinion of the CourtKnowlton, C. J.
The plaintiff built a party wall running back from the street on the boundary line between his land and that of the defendant. This was done under a contract with the defendant, authorizing either party to build such a wall along any part or the whole of the boundary line, and providing that the other should have a right to use any portion or the whole of the wall so built, by paying to the one who built it “ one half of the value at the time of such use of the whole thickness of the portion of such wall including the foundation thereof so used by him.” The contract contained various details…
2Cases cited7 opinions
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Mickel v. YorkIllinois Supreme Court · 1898
- Standish v. LawrenceMassachusetts Supreme Judicial Court · 1872
- Glover v. MersmanMissouri Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bennett v. SheinwaldMassachusetts Supreme Judicial Court · 1925
- McCormick v. StoneheartCourt of Appeals of Texas · 1917