Smith v. Langewald
Massachusetts Supreme Judicial Court
Tort • for breaking and entering the plaintiff’s close in Chicopee, and tearing down a fence thereon. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s premises consist of a pasture, used by him for pasturage purposes, which was part of a farm to which he obtained his title by inheritance from his father, Luther Smith, and by purchase from the other heirs at law of his father, in…
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Tort • for breaking and entering the plaintiff’s close in Chicopee, and tearing down a fence thereon. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s premises consist of a pasture, used by him for pasturage purposes, which was part of a farm to which he obtained his title by inheritance from his father, Luther Smith, and by purchase from the other heirs at law of his father, in 1858. Luther Smith obtained his title to said farm in 1837, by a deed to him from Sylvester Taylor, whose title to the same…
1Opinion of the CourtDevens, J.
It is the contention of the defendant, that, if he had left the plaintiff’s fence undisturbed, its existence would in *207time have worked the destruction of the easement of flowage which he had over the plaintiff’s land. While a mere non-user of an easement, even for more than twenty years, will not be conclusive evidence of abandonment, such non-user, united with an adverse use of the servient estate inconsistent with the existence of the easement, will extinguish it. Jennison v. Walker, 11 Gray, 423. Owen v. Field, 102 Mass. 90. Barnes v. Lloyd, 112 Mass. 224. Chandler v. Jamaica Pond…
2Cases cited4 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Barnes v. LloydMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Ball v. AllenMassachusetts Supreme Judicial Court · 1914
- Schroer v. BrooksMissouri Court of Appeals · 1920
- New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
- Boyd v. HuntTennessee Supreme Court · 1899
- Albano v. PuopoloMassachusetts Supreme Judicial Court · 1941
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