14. Collier v. Pierce, Tried 1856: View of the North Side or Rear of the Buildings, Oct. 31st, 1855

In April 1853, 42-44 Main Street and the adjacent property were auctioned by the Concord Mill Dam Company. A.C. Collier, already a tenant, purchased the building. Cyrus Pierce purchased the adjacent building on the same day. When Pierce built an addition to his property, it blocked one of Collier's windows. Collier brought a suit against Pierce for obstructing his right to air and light. 

The case turned on whether Collier had a legal right to access air and light by way of the window. Because the properties were previously owned by the same entity, no easements had been necessary. However, circumstances changed when they were sold to separate parties. Commentary on the case suggests that if an easement were allowed, it would make one property more valuable than the other. Definitions in this case were also murkier than other cases on similar topics. The case was settled for Cyrus Pierce. Pierce was the proprietor of a boot and shoe store, which his son Frank continued to run well into the twentieth century. 

Henry David Thoreau's 1855 surveys provide evidence of Collier's suit against Pierce. Beyond the information found in the surveys, the elevations and sketches provide a three-dimensional view of the configuration of the buildings and the location of the windows. 

The layout of the Collier and Pierce properties, 1853.

14. Collier v. Pierce, Tried 1856: View of the North Side or Rear of the Buildings, Oct. 31st, 1855