Smith v. Bay State Dredging & Contracting Co.

This is an action of tort to recover for damage to the plaintiff’s lobsters stored in lobster cars floating at his wharf on Northern Avenue, in Boston, alleged to have been caused by the defendant’s scraping of refuse matter from under an adjacent wharf known as Fort Hill Wharf. Both wharves abut on Fort Point Channel, a name applied to that portion of Boston Harbor, inside and outside of the harbor line, the harbor line being beyond the wharves in question. A verdict was returned *26for the plaintiff on the first count, the plaintiff having waived his second count. The defendant’s exception is…