Mansfield v. Shepard
Massachusetts Supreme Judicial Court
Tort for obstructing an easement. Trial in the Superior Court, without a jury, before Gardner, J., who found for the defendant ; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
This case is not distinguishable from Phipps v. Johnson, 99 Mass. 26. In that case, the plaintiff had a right to pass and repass over the defendant’s land, “ for the purpose of repairing his building at all times when necessary.” It was held that the defendant was entitled to reasonable notice that the plaintiff was about to repair, before being liable to an action for obstructing the way.
In the case before us, the plaintiff has a similar easement over the land of the defendant. He has “ a privilege of taking stones and gravel on our land, where it is most convenient and least prejudicial, to…
2Cases cited1 opinion
- Phipps v. JohnsonMassachusetts Supreme Judicial Court · 1868
3Cited by2 opinions
- Highland Club v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1951
- Wells v. . TolmanNew York Court of Appeals · 1898