Handforth v. Maynard
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that Selina Hawks was the owner of a parcel of land in Greenfield, through which flowed Cherry Bum.
Read the full summary
Tort. The declaration alleged that Selina Hawks was the owner of a parcel of land in Greenfield, through which flowed Cherry Bum. Brook; that by means of a dam built across the brook below her land a pond of fresh water of the area of about eight acres was formed upon her land, “ creating thereon a valuable privilege for cutting and harvesting ice ”; that on January 1,1889, she sold to the plaintiff this privilege for the term of one year; and that the defendants, intending to deprive the plaintiff of the profit of harvesting the ice, opened a gate in the dam and drew off the water, whereby…
1Opinion of the CourtBarker, J.
At the hearing, all exceptions were waived except those relating to the rule of damages and the admission of evidence under that rule. The instructions requested were that the plaintiff could not recover the value of the ice harvested and *417stacked under cover, or recover profit beyond the expense which might inure to him from the ice if harvested, or any amount beyond the actual expense to which he had been subjected.
The instructions given did not allow the jury to give as damages the value of the ice harvested. It would plainly have been incorrect to instruct them that the plaintiff’s…
2Cases cited1 opinion
- Richards v. GauffretMassachusetts Supreme Judicial Court · 1888
3Cited by11 opinions
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- Laurin v. DeCarolis Construction Co., Inc.Massachusetts Supreme Judicial Court · 1977
- Edgar H. Wood Associates, Inc. v. SkeneMassachusetts Supreme Judicial Court · 1964
- Beale v. City of BostonMassachusetts Supreme Judicial Court · 1896
- Lester v. Highland Boy Gold Mining Co.Utah Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.