Legal Opinion

Gordon v. City of Taunton

Massachusetts Supreme Judicial Court

Decided March 3, 1879PublishedCited by 8 opinions

Tort for breaking and entering the plaintiff’s close in August 1877, and removing a fence therefrom. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the material parts of which appear in the opinion.

1Opinion of the CourtColt, J.

The superintendent of streets, acting under the order of the city council of Taunton, in August 1877 removed *350a fence which had been erected by the plaintiff in 1855 for the purpose of enclosing the premises in dispute. This is the trespass complained of.

The plaintiff, through mesne conveyances, claimed title under a deed from James L. Hodges, dated in 1836, bounding the land, on the northerly and westerly sides, by the road leading into Deane Street, so called. Hodges derived his title from Job W. Hall, in 1818, by whom the land was bounded, on the same side, partly on the common, near the…

2Cases cited5 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
  3. Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
  4. Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
  5. Inhabitants of Wrentham v. Inhabitants of NorfolkMassachusetts Supreme Judicial Court · 1874

3Cited by8 opinions

  1. Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
  2. Manners v. City of HaverhillMassachusetts Supreme Judicial Court · 1883
  3. Burrill v. City of AugustaSupreme Judicial Court of Maine · 1886
  4. First National Bank v. City of WoburnMassachusetts Supreme Judicial Court · 1906
  5. Cerel v. Town of FraminghamMassachusetts Supreme Judicial Court · 1961

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