Richards v. Gauffret
Massachusetts Supreme Judicial Court
Tort, in three counts. The first count was for breaking and entering the plaintiff’s close in Attleborough, known as the Falls Pond, and cutting and carrying away five thousand tons of ice, the property of the plaintiff.
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Tort, in three counts. The first count was for breaking and entering the plaintiff’s close in Attleborough, known as the Falls Pond, and cutting and carrying away five thousand tons of ice, the property of the plaintiff. The second count was as follows: “ And the plaintiff says that on the first day of January, 1887, he had and held, and now has and holds, and has so had and held since said first day of January, 1887, till the present time, the sole and exclusive right to cut and carry from the Falls Pond — the close described in the first count — all the ice formed or forming on said pond;…
1Opinion of the CourtMorton, C. J.
Daggett as owner of the pond had the right to dispose of the water and of the ice which might be formed upon it, and there can be no doubt that it was the purpose of the indenture to transfer to the plaintiff the sole and exclusive right to cut and use, or sell, all such ice, except what the lessor needed for his private use. Paine v. Woods, 108 Mass. 160,173. By the lease, therefore, the plaintiff acquired a valuable right, and it would be a reproach to the law if it did not furnish him a remedy for an unlawful encroachment upon this right by a stranger.
It is not necessary to discuss the…
2Cases cited1 opinion
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Lawton v. HerrickSupreme Court of Connecticut · 1910
- Taft v. Bridgeton Worsted Co.Massachusetts Supreme Judicial Court · 1921
- Handforth v. MaynardMassachusetts Supreme Judicial Court · 1891
- Taft v. Bridgeton Worsted Co.Massachusetts Supreme Judicial Court · 1923
- E. G. Beechwood Ice Co. v. American Ice Co.U.S. Circuit Court for the District of Maine · 1910
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