Creely v. Bay State Brick Co.
Massachusetts Supreme Judicial Court
Bill in equity, praying that the defendants might be' re strained from constructing a causeway on the plaintiff’s land, and be ordered to remove earth and stones which they had brought thereon. An injunction was granted, but afterwards dissolved on the defendants’ giving bond. The defendants moved that issues might be framed for a jury; but afterwards the parties agreed that the demand for a jury should be waived, and the case tried by the court.
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Bill in equity, praying that the defendants might be' re strained from constructing a causeway on the plaintiff’s land, and be ordered to remove earth and stones which they had brought thereon. An injunction was granted, but afterwards dissolved on the defendants’ giving bond. The defendants moved that issues might be framed for a jury; but afterwards the parties agreed that the demand for a jury should be waived, and the case tried by the court. The case was accordingly heard by Ames, J., on whose .report and the pleadings it was reserved for the determination of the full court. The facts…
1Opinion of the CourtAmes, J.
The facts reported present a plain case of that particular kind of injury that is described by the term nuisance. The defendants, at the time of the service of the injunction, were constructing, and since then have completed, a causeway of two or three feet in height, and about twenty-five feet in width, across the plaintiff’s land, without his consent and in violation of his right. It is true that in so doing they were acting under a mistake as to boundaries, and were not wilful or malicious trespassers ; but it is not less true that they were in the act of erecting a permanent structure,…
2Cited by21 opinions
- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
- Chicago Public Stock Exchange v. McClaughryIllinois Supreme Court · 1894
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
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