Kennedy v. Owen
Massachusetts Supreme Judicial Court
Contract on the Gen. Sts. c. 25, § 4, to recover double the value of a partition fence, which the declaration alleged the plaintiff had rebuilt, and the defendant was bound to maintain; and double the amount of the fees of the fence-viewers for their services in relation thereto. Answer, a general denial.
Read the full summary
Contract on the Gen. Sts. c. 25, § 4, to recover double the value of a partition fence, which the declaration alleged the plaintiff had rebuilt, and the defendant was bound to maintain; and double the amount of the fees of the fence-viewers for their services in relation thereto. Answer, a general denial. Trial in the Superior Court, without a jury, before Colburn, J., who ruled that the plaintiff could not maintain his action; found for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was right, judgment was to be entered…
1Opinion of the CourtMorton, J.
We have not found it necessary to consider the questions raised by the report as to the legality and regularity *432of the proceedings of the fence-viewers, because one fact appears which is decisive against the right of the plaintiff to maintain this action. It was admitted at the trial, “ that no part of the fence built by the plaintiff was built upon the line between his premises and those of the defendant, except at one point where it crossed the line, some of it being one side the line and some the other.” The statute under which the plaintiff proceeded does not in precise terms fix the line…
2Cases cited2 opinions
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- City of Roxbury v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1850
3Cited by7 opinions
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Barnes v. SmithMassachusetts Supreme Judicial Court · 1893
- Russell v. PageMassachusetts Supreme Judicial Court · 1888
- Rose v. LindermanMichigan Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.