Simonds v. Walker
Massachusetts Supreme Judicial Court
Tort for entering the plaintiff’s close and digging and carrying away earth and stones. The defendant justified under an order of the county commissioners for the construction of a highway from Fitchburg to Westminster, which he was employed by the town of Fitchburg to build according to the specifications of said order, in which the limits of the highway were set forth in the same words by which they were described in the record of the commissioners for the laying out of…
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Tort for entering the plaintiff’s close and digging and carrying away earth and stones. The defendant justified under an order of the county commissioners for the construction of a highway from Fitchburg to Westminster, which he was employed by the town of Fitchburg to build according to the specifications of said order, in which the limits of the highway were set forth in the same words by which they were described in the record of the commissioners for the laying out of the way. The case was submitted to the judgment of the full court on facts agreed, the plaintiff conceding that the place…
1Opinion of the CourtHoar, J.
Upon the agreed statement of facts, the decision of this case depends upon the construction to be given to the record of the county commissioners, laying out a highway in Fitchburg. If the location includes as a part of the highway the place of the alleged trespass, the defendant is entitled to judgment. The record is in these words : “ The length of road in Fitchburg is 347 rods and 17 links, and said road throughout its whole length is laid out and located three rods wide, on the southerly side of the metes and bounds aforedescribed and adjoining thereto. From stone monument No. 8 to stake…
2Cases cited1 opinion
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
3Cited by6 opinions
- Preston v. City of NewtonMassachusetts Supreme Judicial Court · 1913
- Doon v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1898
- Curtis v. City of BostonMassachusetts Supreme Judicial Court · 1924
- Mayo v. City of SpringfieldMassachusetts Supreme Judicial Court · 1883
- County Commissioners v. Board of EducationCourt of Appeals of Maryland · 1938
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