Colburn v. Kittridge
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Leominster, and tearing away and removing a part of a dwelling-house standing thereon. The defendant justified as surveyor of highways in Leominster. Trial without a jury, in the Superior Court, before Colburn, J., who found for the plaintiff; and, at the defendant’s request, reported the case for the determination of this court.
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Tort for breaking and entering the plaintiff’s close in Leominster, and tearing away and removing a part of a dwelling-house standing thereon. The defendant justified as surveyor of highways in Leominster. Trial without a jury, in the Superior Court, before Colburn, J., who found for the plaintiff; and, at the defendant’s request, reported the case for the determination of this court. If the defendant’s act was not justifiable, judgment was to be entered on the finding ; otherwise, judgment for the defendant. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
This way was laid out by the county commissioners in 1849, and was afterwards duly constructed. In the order of the commissioners laying it out, after reciting that the corner of the plaintiff’s house projects six feet and two inches into the highway as laid out, but not in such a manner as to interfere with the travelled part of the highway, it states that it “ is not to be removed while the present building stands, but whenever the same from any cause shall have been removed, the ground whereon it stands is not again to be occupied as a site for any building, but forever after shall remain…
2Cases cited2 opinions
- Morrison v. HoweMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. NoxonMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Murray v. County of NorfolkMassachusetts Supreme Judicial Court · 1889