Tucker v. Tower
Massachusetts Supreme Judicial Court
Trespass qu. cl. fr. fot entering on the plaintiff’s lanu, digging pits in the soil, cutting down trees, and erecting a building upon the land. The case was submitted to the Court on a statement of facts. The Taunton and South Boston Turnpike Corporation was established by St. 1806, c. 7. The turnpike road was duly located, and the whole of the land mentioned in the declaration was included in the location and covered by the road.
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Trespass qu. cl. fr. fot entering on the plaintiff’s lanu, digging pits in the soil, cutting down trees, and erecting a building upon the land. The case was submitted to the Court on a statement of facts. The Taunton and South Boston Turnpike Corporation was established by St. 1806, c. 7. The turnpike road was duly located, and the whole of the land mentioned in the declaration was included in the location and covered by the road. The road was afterwards made, and the plaintiff consented that his land should be used and occupied for all the legal purposes of the turnpike corporation. In 1825…
1Opinion of the Court
Parker C. J.
It is too clear to require any discussion, that the proprietor of land over which a public highway has bedn laid, retains his right in the soil for all purposes which are consistent with the full enjoyment of the easement acquired by the public or by any corporation by authority derived constitution-all} from the legislature.
By the agreed statement of facts it appears, that the locus in quo is part of the Taunton and South Boston turnpike road, as established by act of the legislature, and that all the proceedings were had which were required by the general turnpike act, to vest…
2Cited by1 opinion
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