Worthen v. Garno
Massachusetts Supreme Judicial Court
Tort with one count in the nature of trespass quart clausum and another count for injury alleged to have been caused by the defendant’s negligence in removing wood and timber.
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Tort with one count in the nature of trespass quart clausum and another count for injury alleged to have been caused by the defendant’s negligence in removing wood and timber. Writ dated March 30, 1901. In the Superior Court the case was tried before Richardson, J. The defendant’s sixth request for a ruling, which was refused by the judge, was as follows: “ That the written grant by A. S. Jefts and E. D. Blood to the defendant Garno of a right to enter upon the described real estate and cut and remove the wood and timber thereon, authorized the defendant to cross their other real estate…
1Opinion of the CourtLathrop, J.
The only questions raised in this case are to the refusal of the judge who tried the case to give the sixth *244request for a ruling, and to the rulings given on this subject. We are of opinion that the judge-was right. The defendant justified his trespass by a written instrument which conveyed to him the standing wood and timber on a certain tract of land, and gave him the right to cut and remove the same during a period of three years. The land on which the wood and timber were did not border upon a highway, but in part upon other land of the plaintiff, and in part upon land of strangers. The…
2Cases cited4 opinions
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Fletcher v. LivingstonMassachusetts Supreme Judicial Court · 1891
- Hoyt v. KennedyMassachusetts Supreme Judicial Court · 1898
- United Society v. BrooksMassachusetts Supreme Judicial Court · 1888
3Cited by1 opinion
- Arbuthnot v. Eclipse Land & Mining Co.Missouri Court of Appeals · 1906