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100 Mass. 236

Howard v. Albro

Massachusetts Supreme Judicial Court

Decided October 15, 1868

Massachusetts Supreme Judicial Court · decided 1868-10-15

Tort for breaking and entering the plaintiff’s close in Easton. Answer, a general denial of the plaintiff’s allegations ; and an allegation of a right of way over the premises.

Relies on Hall v. Mayo

Decided 1868-10-15

Gray, J.

¶1The agreement and judgment in the former action only showed that the defendant had trespassed upon some part of the plaintiff’s close,,, without showing upon what part, and were quite consistent with his having the right of way which he then and now claimed Hall v. Mayo, 97 Mass. 420. The plaintiff therefore has no ground of exception.

¶2Exceptions overruled.

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