Goodrich v. Longley
Massachusetts Supreme Judicial Court
Action of tort for breaking and entering the plaintiff’s close ;.u Lunenburg in 1853. The defendants admitted the entry, and justified under a sealed agreement between Goodrich and Longley and. others, dated March 9th 1846, the substance of .which is stated in the margin.* The new trial ordered by this court, in 1 Gray, 618, was had in the court of common pleas, and resulted in a verdict for the plaintiff for nominal damages ; and Perkins, J. signed a bill of exceptions,…
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Action of tort for breaking and entering the plaintiff’s close ;.u Lunenburg in 1853. The defendants admitted the entry, and justified under a sealed agreement between Goodrich and Longley and. others, dated March 9th 1846, the substance of .which is stated in the margin.* The new trial ordered by this court, in 1 Gray, 618, was had in the court of common pleas, and resulted in a verdict for the plaintiff for nominal damages ; and Perkins, J. signed a bill of exceptions, presented by the defendants, the substance of which is stated in the opinion, delivered at September term 1856, by
1Opinion of the CourtShaw, C. J.
It was decided when this case was formerly before this court, 1 Gray, 618, that though in the agreement of the plaintiff, authorizing the defendants to erect a dam on his land, there was no express provision as to the height to which the *381same might be raised, and as to the length of time within which it should be built, and therefore it was at the election of the defendants to build the dam as high, and at such time, as they should think fit, within reasonable limits; yet if, in pursuance of that grant, in the year ensuing its date, they built a dam capable of raising and flowing back the…
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- Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
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