Morrison v. Holder
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiffs’ close on Linwood Street in Lynn, described by boundaries in the declaration, and there cutting down and injuring the plaintiffs’ trees and undergrowth on November 13, 1908, and on divers days from that day until December 20, 1908. Writ in the Police Court of Lynn dated December 24, 1908. On appeal to the Superior Court the case was tried before Batigan, J. It was not disputed that trees were cut by the defendants on the land…
Read the full summary
Tort for breaking and entering the plaintiffs’ close on Linwood Street in Lynn, described by boundaries in the declaration, and there cutting down and injuring the plaintiffs’ trees and undergrowth on November 13, 1908, and on divers days from that day until December 20, 1908. Writ in the Police Court of Lynn dated December 24, 1908. On appeal to the Superior Court the case was tried before Batigan, J. It was not disputed that trees were cut by the defendants on the land claimed by the plaintiffs, and the question tried was in regard to the plaintiffs’ right to possession as determined by the…
1Opinion of the CourtBraley, J.
The action is tort for breaking and entering the plaintiffs’ close, with the further allegation that the defendants cut down, damaged and destroyed the trees and undergrowth. If under the R. L. c. 173, § 8, the place of the alleged trespass is designated in the declaration by name, boundaries, courses and distances, the plaintiffs need not prove the boundaries with the precision requisite in a writ of entry, where the whole title to the land described and demanded is put in issue. The judgment, if the plaintiffs prevail, determines only that a trespass has been *368committed on some part of the…
2Cases cited15 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- Newhall v. WheelerMassachusetts Supreme Judicial Court · 1810
- Luce v. ParsonsMassachusetts Supreme Judicial Court · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Ball v. AllenMassachusetts Supreme Judicial Court · 1914
- Coburn v. MooreMassachusetts Supreme Judicial Court · 1946
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
9 more not listed; retrieve them via the Exa API.