Hawks v. Inhabitants of Charlemont
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendants by their agents and servants forcibly entered part of the plaintiff’s farm in Charlemont, which adjoined the Deerfield River, and tore up the soil, and took and carried away a large quantity of stone and converted it to their use, and in consequence of the removal of the stone the river washed away part of the plaintiff’s land, and the rest of it was exposed to similar injury from the river.
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Tort. The declaration alleged that the defendants by their agents and servants forcibly entered part of the plaintiff’s farm in Charlemont, which adjoined the Deerfield River, and tore up the soil, and took and carried away a large quantity of stone and converted it to their use, and in consequence of the removal of the stone the river washed away part of the plaintiff’s land, and the rest of it was exposed to similar injury from the river. The defendants answered with a general denial; and set up further, that if the plaintiff should prove that stone was taken from his farm it was not taken…
1Opinion of the CourtChapmah, C. J.
It appears that in consequence of an unprecedented freshet extraordinary measures were necessary in the town of Charlemont, to repair the roads and bridges; that a town meeting was thereupon held, and it was voted that the selectmen be the agents of the town to repair the highways and bridges at the present time, and that they be empowered to appoint such agents “ to rebuild certain bridges as they think best.” The selectmen employed agents and servants to repair the abutments and piers of a bridge, and took stone from the bank of the river near the bridge and upon the plaintiff’s land for…
2Cases cited2 opinions
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
3Cited by52 opinions
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
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