Upham v. Marsh
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Dudley, and carrying away and converting to his own use a quantity of earth and gravel. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on the following agreed facts: The plaintiffs are owners in fee of a farm in Dudley, through which the town in 1816 laid out a public way, which it has ever since maintained.
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Tort for breaking and entering the plaintiff’s close in Dudley, and carrying away and converting to his own use a quantity of earth and gravel. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on the following agreed facts: The plaintiffs are owners in fee of a farm in Dudley, through which the town in 1816 laid out a public way, which it has ever since maintained. The defendant took and carried away the soil from the way, where it is laid out through the farm, in June 1875, and in October 1877. In 1875, E. L. Upham was highway…
1Opinion of the CourtColt, J.
The highway surveyors of the town of Dudley, for the purpose of repairing the roads of that town in the years 1875 and 1877, authorized and directed in each of those years that several loads of earth be taken from the plaintiffs’ land within *548the limits of the highway, and deposited on the land of the defendant, who was himself the surveyor during the last-named year. In both instances, the soil was removed for the purpose of lowering the road at that point, and was deposited on the defendant’s land as the best way of clearing the road of useless material, and because, in the discharge of…
2Cases cited3 opinions
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874
- Morrison v. HoweMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
- Viliski v. City of MinneapolisSupreme Court of Minnesota · 1889
- Wilson v. SpencerNebraska Supreme Court · 1912
- Harmer v. PetersenNebraska Supreme Court · 1949
- Campbell v. Monaco Coal Mining Co.Belmont County Court of Common Pleas · 1948