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Keywords

tortplaintiffdefendantdamagesstatute

plaintiffdefendantstatutesustained

Related Cases

Rideout v. Knox, 148 Mass. 368, 19 N.E. 390, 2 L.R.A. 81, 12 Am.St.Rep. 560

Facts

Leon Rideout brought a tort action against David Knox and his wife, Elizabeth E. Knox, regarding a structure on the Knoxes' property that Rideout claimed was a nuisance. Elizabeth Knox, when asked to remove the structure, stated she would not discuss it as she had left the matter to her husband. The court had to determine whether the structure was erected with the dominant motive of annoyance or if it could be justified by a legitimate purpose.

There was evidence that Elizabeth E. Knox, when requested by plaintiff to remove the structure complained of, which was on her land, replied that she would have nothing to say about it, as she had left it all to her husband.

Issue

The main legal issues were whether the structure was erected for the purpose of annoyance as the dominant motive and whether the statute under which the action was brought was constitutional.

Another question more or less connected with the former is whether the structure, in order to bring it within the act, must be erected or maintained for the purpose of annoyance as the dominant motive, or whether it is enough if that purpose existed, although subordinate to a bona fide use for legitimate purposes.

Rule

Under St. Mass. 1887, c. 348, a structure exceeding six feet in height can be deemed a private nuisance if it is maliciously erected or maintained for the purpose of annoying adjoining property owners.

St.Mass.1887, c. 348, is as follows: 'Section 1. Any fence, or other structure in the nature of a fence, unnecessarily exceeding six feet in height, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance.'

Analysis

The court analyzed the evidence presented and determined that the plaintiff needed to prove that the structure was maintained with the intent to annoy him. The court instructed the jury that if the structure was solely for a legitimate purpose, such as a trellis for vines, then the plaintiff could not prevail. However, if the defendants had the intention to annoy the plaintiff, then the plaintiff would have established his case.

We are of opinion, however, that the exceptions must be sustained on the ground that the construction of the statute embraced in the second request for a ruling was substantially correct, as we have stated, whereas it appears that the request was refused, and the jury were instructed otherwise.

Conclusion

The court concluded that the plaintiff had made his case and ruled in favor of Rideout, resulting in a judgment for nominal damages against the Knoxes.

Exceptions sustained.

Who won?

Leon Rideout prevailed in the case because the court found that he had established that the structure was maintained with the intent to annoy him.

Judgment for plaintiff, and defendants excepted.

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