Case Summary: Sarah O'Connor v. Antony Slache tka (Supreme Judicial Court of Massachusetts, Jan. 7, 1921)

Factual and Procedural Background

The plaintiff filed a bill in equity on July 30, 1918, to enjoin the defendant from trespassing on the plaintiff's woodland and to recover triple damages under R. L. c. 185, § 7. The suit was referred to a master, whose report contained no report of the evidence. The master found that the plaintiff owned the portion of the premises lying westerly of the highway, her title being under an unrecorded deed from Jeremiah J. Hartnett dated October 20, 1902, which deed had been introduced in evidence without objection and that there was no other evidence of its delivery. The master found that the defendant, owner of adjoining premises, had broken and entered the plaintiff's premises and cut down and carried away trees, cordwood and timber, but that the cutting was not wilful because the defendant had good reason to believe the land was his. The master awarded damages of $695 with interest from the date of the bill (July 29, 1918). No exceptions to the master's report were filed. By order of Chief Justice Aiken, a final decree was entered permanently enjoining the defendant, awarding the plaintiff $695, interest and costs. The defendant appealed.

Legal Issues Presented

Whether the defendant, having answered generally and not having demurred, could successfully assert that the plaintiff had an adequate remedy at law.
Whether the final decree granting injunctive relief and assessing damages was within the frame of the bill and in accordance with the master's material findings, given that no exceptions were taken to the master's report.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Dearth v. Hide Leather National Bank, 100 Mass. 540	The principle that, where a defendant has answered generally and has not demurred, the defence that the plaintiff has a plain and adequate remedy at law is not open.	The court held that the defendant could not raise the defense of an adequate remedy at law because he had answered rather than demurred, citing this case to support that proposition.
Burrill v. Nahant Bank, 2 Met. 163, 166	The principle that a master's factual conclusion as to title will stand unless it appears to be erroneous as a matter of law.	The court treated the master's finding of the plaintiff's title as established and not erroneous as a matter of law, thus accepting the master's title determination.
O'Brien v. Murphy, 189 Mass. 353, 357	The proposition that a plaintiff may be entitled in equity to both a permanent injunction and to damages where the master's findings support such relief.	The court relied on this authority to conclude that, given the master's findings of trespass and damages, the plaintiff was entitled to a permanent injunction and to recover the damages shown by the master's report.
Perry v. Pye, 215 Mass. 403, 413	Support for awarding injunctive relief and damages under equitable jurisdiction when the master's findings justify both remedies.	The court cited this case alongside O'Brien v. Murphy to support affirming the decree that granted injunctive relief and assessed damages in favor of the plaintiff.

Court's Reasoning and Analysis

The court's analysis proceeded in these steps, based on the master's report and the procedural posture:

Procedural availability of defenses: Because the defendant answered generally and did not demur, the court held that the defendant could not assert that the plaintiff had an adequate remedy at law, citing Dearth v. Hide Leather National Bank.
Reliance on the master's findings: The master's finding that the plaintiff held title (by an unrecorded deed introduced without objection) was accepted because it did not appear to be legally erroneous; the court referenced Burrill v. Nahant Bank for the proposition that a master's conclusion on title stands unless erroneous as a matter of law.
Scope of remaining factual issues: With title established, the only factual issues were whether the defendant unlawfully entered and cut the plaintiff's wood and whether the trespasses were persistent and frequent. The master found in the plaintiff's favor on these issues.
Appropriate relief in equity: Given the master's findings of trespass and the damages assessed, the court concluded that the plaintiff was entitled to a permanent injunction and to recover the damages shown by the report, relying on O'Brien v. Murphy and Perry v. Pye.
Disposition: Because there were no exceptions to the master's report and the decree was within the scope of the bill and supported by material findings, the court determined the decree should be affirmed with costs.

Holding and Implications

Holding: The decree of the Superior Court permanently enjoining the defendant and awarding the plaintiff $695, interest and costs was affirmed with costs.

Implications: The direct effect is that the defendant is permanently enjoined from trespassing on the described premises and the plaintiff recovers the sums awarded by the master's report (the specified $695, interest from July 29, 1918, and costs). The opinion rests on acceptance of the master's findings where unchallenged and applies established principles permitting equitable relief (injunction plus damages) based on those findings. The opinion does not set forth any broader novel precedent beyond applying those existing principles.

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SARAH O'CONNOR vs. ANTONY SLACHETKA.

Equity Jurisdiction, To enjoin trespass, Damages. Trespass. Deed, Unrecorded. Damages, In equity.

In a suit in equity by the owner of woodland to enjoin the owner of adjoining woodland from trespassing upon the plaintiff's land and cutting trees thereon, a final decree permanently enjoining the defendant and awarding damages to the plaintiff is warranted where a master, to whom the suit was referred and to whose report no exception was taken, found, without a report of the evidence, that the plaintiff was the owner of the premises described in the bill, his "title being under an unrecorded deed . . . which deed was introduced in evidence, without objection, by the plaintiff's counsel and there was no other evidence of its delivery," and that the defendant had committed and was continuing trespasses upon the plaintiff's land.

BRALEY, J.

The defendant not having demurred but having answered generally, the defence that the plaintiff had a plain and adequate remedy at law is not open. Dearth v. Hide Leather National Bank, 100 Mass. 540. And, no exceptions having been taken to the master's report, the question is, whether the decree granting injunctive relief and assessing damages is within the frame of the bill and in accordance with the master's material findings.

The plaintiff's title having been established to the satisfaction of the master whose conclusion does not appear as matter of law to be erroneous, ( Burrill v. Nahant Bank, 2 Met. 163, 166,) the only issues of fact were, whether the defendant had unlawfully entered upon the plaintiff's land and cut and carried away her wood and timber, and, if so, whether the trespasses had been persistent and frequent. The master having found in favor of the plaintiff, she is entitled on the record not only to a permanent injunction restraining the defendant, his servants, or agents, from continuing to trespass upon the premises described in the bill, but to the damages shown by the report to have been suffered from his wrongful acts. O'Brien v. Murphy, 189, Mass. 353, 357. Perry v. Pye, 215 Mass. 403, 413. The decree should be affirmed with costs.

Ordered accordingly.

O'CONNOR v. SLACHETKA