Hathaway v. Evans
Cases that cite this one
9 later published cases cite this decision.
- Morrison v. Holder (Mass. 1913)
- Commonwealth v. Wood (Mass. 1939)
- Finnegan v. Checker Taxi Co. (Mass. 1938)
- Peavey v. Moran (Mass. 1926)
- Proctor v. Libby (Me. 1912)
- Bond v. O'Gara (Mass. 1900)
- Beckman v. Davidson (Mass. 1894)
- de Herblay v. Norris (Haw. 1892)
- Coyle v. Cleary (Mass. 1874)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. The admission or rejection of the plan, at the time when it was offered, was a matter wholly within the discretion of the presiding judge, and is not subject to the revision of this court. Morse v. Potter, 4 Gray, 292. Carruth v. Bayley, 14 Allen, 532.
2. There was conflicting evidence as to the matters embraced in the third and fourth propositions which the defendant requested the court to adopt in its instructions to the jury. The court could not have instructed the jury as requested, without assuming the decision of controverted matters of fact. The instructions actually given were correct and appropriate, and were all that the case required. Kellogg v. Smith, 7 Cush. 375. It was a question of fact as to an ancient line, located and marked upon the earth by the parties in interest, recognized and acted upon, for many years, as the true line. Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.