Gray v. Tobin

In the first count of the plaintiffs’ declaration it is alleged that the defendant “broke and entered the [plaintiffs’] close” and carted away one hundred loads of loam and sand and gravel, and undermined the soil of the plaintiffs’ property. In the second count it is alleged that the defendant “broke and entered the plaintiffs’ close” and drove heavy teams across their lawn, and deposited large quantities of stone thereon, all to their great damage.

At the trial, against the exception of the defendant, the plaintiffs introduced evidence that the inside of the house standing on the plaintiffs’…