New England Telephone & Telegraph Co. v. Dover Sherborn Regional School District

The question reported to us by the judge (Mass.R.Civ.P. 64, 365 Mass. 831 [1974]) is whether he was correct in denying the defendant’s motion to dismiss (Mass.R.Civ.P. 12 [b] [6], 365 Mass. 755 [1974]), the plaintiffs action to recover costs it incurred in cutting its telephone wires at the defendant’s request to allow the defendant to move a house. By his denial of the motion to dismiss the judge in effect ruled that the plaintiff was not required by G. L. c. 166, § 39, to cut its wires at its own expense and was entitled to recover its costs from the defendant, notwithstanding the fact that…