Miles v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for damages occasioned by the encroachment upon the plaintiff’s land of a wall erected between the same and an adjoining lot belonging to the defendant city. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the point decided, was as follows.
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Tort for damages occasioned by the encroachment upon the plaintiff’s land of a wall erected between the same and an adjoining lot belonging to the defendant city. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the point decided, was as follows. There was evidence that the defendant acquired its land and had always used it for the purposes of a public high school; that about the year 1871 the city built a wall on the south side of its lot between it and the plaintiff’s lot, which were then at the same grade, upon a line mutually…
1Opinion of the CourtAllen, J.
It is obvious that the defendant’s wall, in its present position upon the plaintiff’s land, must be deemed an actionable nuisance, unless the defendant can claim exemption from responsibility on some special ground. Codman v. Evans,
*5137 Allen, 431. Nichols v. Boston, 98 Mass. 39, 43. Fay v. Prentice, 1 C. B. 828. The defendant suggests that it is not liable, because the wall was built and maintained solely for the public use, and with the sole view to the general benefit and under the requirement of general laws; and that the case cannot be distinguished in principle from the line of cases…
2Cases cited12 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- St. Peter v. . DenisonNew York Court of Appeals · 1874
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3Cited by30 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Alholm v. Town of WarehamMassachusetts Supreme Judicial Court · 1976
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
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