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114 Mass. 418

Nelson v. Garey

Massachusetts Supreme Judicial Court

Decided January 15, 1874

Massachusetts Supreme Judicial Court · decided 1874-01-15

Tort, for breaking and entering the plaintiff’s house, thereby breaking the door, injuring the lock, and doing other damage.

Cited by 1 later decisions — most recently January 1926

1 state decisions

Relies on McLeod v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1874-01-15

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Gray, C. J.

¶1The plaintiff’s wife had no authority by law, without his assent, to give an irrevocable license to enter his tenement. The jury have found that the plaintiff did not know of or ratify the instrument signed by her, before the defendant’s entry, and that the wife did not, at the time of the entry, permit it. The defendant was, therefore, rightly held to be liable as a trespasser in forcibly breaking the door and entering the tenement for the purpose of taking his property, without the permission of the plaintiff. McLeod v. Jones, 105 Mass. 403. Swain v. Mizner, 8 Gray, 182.

¶2Exceptions overruled.

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