Benjamin v. American Telephone & Telegraph Co.
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close, digging up the soil, erecting a pole, stringing wires on the pole and over and across the close, continuing to maintain the pole and wires on the close and not removing them when requested. Writ in the Superior Court for the county of Berkshire dated March 20, 1906. There was a trial before Orosby, J., without a jury.
Read the full summary
Tort for breaking and entering the plaintiff’s close, digging up the soil, erecting a pole, stringing wires on the pole and over and across the close, continuing to maintain the pole and wires on the close and not removing them when requested. Writ in the Superior Court for the county of Berkshire dated March 20, 1906. There was a trial before Orosby, J., without a jury. Besides the facts which are stated in the opinion, it appeared that the defendant had, under proper instruments, succeeded to such rights in the premises as had been acquired by the American Telephone and Telegraph Company of…
1Opinion of the CourtMorton, J.
The pole and the anchor to which the guy was attached had been set in the ground and the wires had been strung before the plaintiff became the owner of the premises, and she cannot therefore maintain an action for the trespass, if any, *456thereby committed. But the action of trespass quare clausum fregit lies for any direct and wrongful invasion of the possession of another, and the maintenance of the pole and anchor and the operation of the wires by the defendant company under the contract between it and the American Telephone and Telegraph Company of Massachusetts after the plaintiff became…
2Cases cited4 opinions
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Crippen v. . MorssNew York Court of Appeals · 1872
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1899
3Cited by13 opinions
- Garver v. Public Service Company of New MexicoNew Mexico Supreme Court · 1966
- Ianotti v. CiccioSupreme Court of Connecticut · 1991
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1913
- Cetlin v. BradfordMassachusetts Supreme Judicial Court · 1922
- Busada v. Ransom Motors, Inc.Court of Special Appeals of Maryland · 1976
8 more not listed; retrieve them via the Exa API.