Derby v. Flitner
Massachusetts Supreme Judicial Court
Tort against the owners, and S. A. Dutch, the master, of the schooner Dione, for “ laying the defendants’ vessel at the wharf of the Boston Gas Light Company, on November 28,1873, without the permission of said company, and in violation of the rights of the plaintiffs; ” and for “ refusing to remove said vessel therefrom, though requested to do so, until the 25th of said November, by reason of which tortious acts of the defendants the plaintiffs were unable to lay two…
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Tort against the owners, and S. A. Dutch, the master, of the schooner Dione, for “ laying the defendants’ vessel at the wharf of the Boston Gas Light Company, on November 28,1873, without the permission of said company, and in violation of the rights of the plaintiffs; ” and for “ refusing to remove said vessel therefrom, though requested to do so, until the 25th of said November, by reason of which tortious acts of the defendants the plaintiffs were unable to lay two vessels belonging to them, and employed by them in the carriage of stone to said wharf, — the sloop Jenny Lind and the sloop…
1Opinion of the CourtMorton, J.
The plaintiffs were engaged in building a sea wall for the Boston Gas Light Company, around and in front of their wharf at Commercial Point. There was evidence tending to show that the Gas Light Company had given to the plaintiffs *133the exclusive right to use the wall to lay their vessels at as a place of safety in case of storms.
The judge, who tried the case without a jury, has found that the plaintiffs had such exclusive right, and it is not our province to revise his findings upon any questions of fact. The defendant Dutch, therefore, had no right to use the wall to the exclusion of the…
2Cases cited5 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
3Cited by52 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Jones v. GeorgeTexas Supreme Court · 1884
- Braun v. CravenIllinois Supreme Court · 1898
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
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