Legal Opinion

Gray v. Boston Gas Light Co.

Massachusetts Supreme Judicial Court

Decided November 15, 1873PublishedCited by 146 opinions

Tort. The first count of the declaration was as follows: “And the plaintiff says that the defendant forcibly entered a certain parcel of land of the plaintiff with a building thereon, [describing it,] and placed and fastened a telegraph wire upon a certain chimney of said building, and continued the said wire so placed and fastened for a long time, by means whereof the said chimney was pulled and thrown down and broken to pieces, and the roof of said building was broken and…

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Tort. The first count of the declaration was as follows: “And the plaintiff says that the defendant forcibly entered a certain parcel of land of the plaintiff with a building thereon, [describing it,] and placed and fastened a telegraph wire upon a certain chimney of said building, and continued the said wire so placed and fastened for a long time, by means whereof the said chimney was pulled and thrown down and broken to pieces, and the roof of said building was broken and injured. And the plaintiff says that Josiah W. Brown and Harrison Chick were then owners of a certain horse, harness and…

1Opinion of the Court

Endicott, J.*

The defendant, without the permission of the plaintiff, attached to the plaintiff’s chimney a telegraph wire. In a gale of wind, some time afterwards, the chimney was blown down, and fell into the street, injuring a horse and a wagon then passing which belonged to Brown and Chick. They brought an action against the plaintiff, as owner of the building, for the injury caused by the defective condition of the chimney. The plaintiff gave notice of the suit to the defendant, stating that the injury was caused by the wire pulling down the chimney, and that he should look to the company…

2Cases cited4 opinions

  1. Bailey v. BussingSupreme Court of Connecticut · 1859
  2. Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
  3. Howell v. WilsonIndiana Supreme Court · 1831
  4. Inhabitants of West Boylston v. MasonMassachusetts Supreme Judicial Court · 1869

3Cited by146 opinions

  1. Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
  2. United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
  3. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  4. Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
  5. United States v. Savage Truck Line, Inc. (Four Cases)Court of Appeals for the Fourth Circuit · 1953

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