143 Mass. 409
Massachusetts Supreme Judicial Court
Decided January 10, 1887
Massachusetts Supreme Judicial Court · decided 1887-01-10
<p>An owner of land which is in the actual possession of a tenant cannot maintain an action of tort in the nature of trespass for an act which is not alleged in the declaration to he an injury to the reversion.</p>
Relies on Gooding v. Shea · Dearborn v. Wellman
Good law ✅— No negative treatment on recordhow we know
Decided 1887-01-10
Cited by 5 later decisions — most recently July 1992
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The ruling of the court was correct. If the plaintiff was not in possession “ except through his tenants,” who “ were then in actual possession,” and the acts of the defendant were an injury to the reversion, the declaration should have so alleged the facts. Woodman v. Francis, 14 Allen, 198. Gooding v. Shea, 103 Mass. 360. Dearborn v. Wellman, 130 Mass. 238.
¶2 Exceptions overruled.