Austin v. Carter
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the close of the plaintiffs in Charlestown, on and adjoining to Charles River there, and cutting' down piers, &c., by the plaintiffs therein erected.
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Trespass for breaking and entering the close of the plaintiffs in Charlestown, on and adjoining to Charles River there, and cutting' down piers, &c., by the plaintiffs therein erected. Plea, (with a reservation to give any special matter in evidence,) the general issue, which (consenting to the reservation) was joined ; and there was also filed in the case an agreement of the parties that either of the defendants might give in evidence any special matter which might have been pleaded in justification. The plaintiffs proved their title and possession to a tract of land in Charlestown,…
1Opinion of the Court
The Court were unanimously of opinion with the Attorney-General, particularly on the two last points, which they said had been repeatedly so decided, and directed a. verdict for the plaintiffs, (a)
[Storer vs. Freeman. 6 Mass. 435.—Commonwealth vs. Inhabitants of Charlestown 1 Pick. 180.—Ed.]
2Cases cited1 opinion
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
3Cited by15 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1974
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. AlgerMassachusetts Supreme Judicial Court · 1851
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