143 Mass. 7
Massachusetts Supreme Judicial Court
Decided October 23, 1886
Massachusetts Supreme Judicial Court · decided 1886-10-23
Tort, for breaking and entering the plaintiff’s close, in Warren. Writ dated September 27, 1884. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows: The land in question is a triangular piece of land, situated on the northwesterly side of Maple Street;, in Warren. Maple Street is an old county road, leading from Warren to Springfield, via Brimfield, of which the original location and the time of making are unknown.
Cited by 2 later decisions — most recently February 1904
2 state decisions
Relies on Peck v. Denniston · White v. Godfrey · Dodd v. Witt
Good law ✅— No negative treatment on recordhow we know
Decided 1886-10-23
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¶1If the stake and stones were upon the side of the road, the ruling of the court was sufficiently favorable to the defendant; if they were not, or if the jury could not find that they were, the ruling of the court was correct. White v. Godfrey, 97 Mass. 472. Peck v. Denniston, 121 Mass. 17. O'Connell v. Bryant, 121 Mass. 557. Dodd v. Witt, 139 Mass. 63. Gould v. Eastern Railroad, 142 Mass,. 85.
¶2Exceptions overruled.