Lynch v. Forbes
Massachusetts Supreme Judicial Court
Two cases. The first ease was an action of tort for trespass quare clausum fregit. Writ dated December 20, 1890. Trial- in the Superior Court, before Dewey, J., who directed a verdict for the defendant, and, at the request of the parties, reported the case for the determination of this court, in substance as follows. The plaintiff proved his title to a parcel of land in Dedham, and the trespass alleged to have been committed thereon, and rested.
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Two cases. The first ease was an action of tort for trespass quare clausum fregit. Writ dated December 20, 1890. Trial- in the Superior Court, before Dewey, J., who directed a verdict for the defendant, and, at the request of the parties, reported the case for the determination of this court, in substance as follows. The plaintiff proved his title to a parcel of land in Dedham, and the trespass alleged to have been committed thereon, and rested. The defendant then offered evidence tending to prove that he was superintendent and engineer of the water works of the town of Brookline, acting…
1Opinion of the CourtMorton, J.
The principal questions involved in these two cases are the same, and by agreement of parties they were argued and are to be considered together.
The plaintiff contends, in both cases, that the taking was unlawful, and at the trial of the case in trespass he offered to show that, prior to the taking in question, the town had taken all the land that it needed, and that this was not suitable and was not necessary, useful, or proper for any of the purposes named in the acts under which it was taken. The •plaintiff concedes, what is well settled, that the question whether a necessity exists for…
2Cases cited7 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Lyon v. JeromeNew York Supreme Court · 1841
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3Cited by41 opinions
- Pheasant Ridge Associates Ltd. Partnership v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1987
- City of Newark v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1951
- Massachusetts Bay Transportation Authority v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1965
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1953
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
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