Pierce v. Dyer
Massachusetts Supreme Judicial Court
Tort. Writ dated September 18, 1871. The first count of the declaration alleged “ that the plaintiffs are, and were prior to the year 1870 and the defendant’s tenure herein referred to, owners of a dwelling-house situated in Truro in this Commonwealth, and the defendant has been, to wit, since the year 1862, owner and possessor of a house adjoining the house of the plaintiffs ; that the two tenements were built as and designed for one dwelling-house by the owner thereof;…
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Tort. Writ dated September 18, 1871. The first count of the declaration alleged “ that the plaintiffs are, and were prior to the year 1870 and the defendant’s tenure herein referred to, owners of a dwelling-house situated in Truro in this Commonwealth, and the defendant has been, to wit, since the year 1862, owner and possessor of a house adjoining the house of the plaintiffs ; that the two tenements were built as and designed for one dwelling-house by the owner thereof; that there is no partition wall between the said two tenements or parts of said dwelling-house, but they are separated only…
1Opinion of the CourtColt, J.
The plaintiffs’ action, in. both counts, is founded on the alleged right of the owner of one part of a dwelling-house to recover damages at law for the wilful neglect of the other owner in permitting his part to become ruinous and fall into decay, whereby the plaintiffs’ house was damaged. The allegation of the first count, that the defendant “ injured and permitted to be injured and to decay his tenement, till it became ruinous,” must be construed to charge wilful neglect to repair, and does not allege with sufficient distinctness any positive act of destruction or injury by the defendant.…
2Cases cited2 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Cheeseborough v. GreenSupreme Court of Connecticut · 1834
3Cited by16 opinions
- Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
- Shirley v. CrabbIndiana Supreme Court · 1894
- Krueger v. FerrantSupreme Court of Minnesota · 1882
- Rubenstein v. HershornMassachusetts Supreme Judicial Court · 1927
- First Investment Co. v. State Fire MarshalNebraska Supreme Court · 1963
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