Hewett v. Inhabitants of Canton
Massachusetts Supreme Judicial Court
Tort for damages caused by water overflowing from a gutter which it was alleged the defendant allowed to be obstructed in the construction of the railway of the Blue Hill Street Railway Company under a location granted by the selectmen of the defendant. Writ dated April 6, 1900. The defendant demurred to the declaration. In the Superior Court the demurrer was overruled by Eardy, J., and the defendant appealed.
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Tort for damages caused by water overflowing from a gutter which it was alleged the defendant allowed to be obstructed in the construction of the railway of the Blue Hill Street Railway Company under a location granted by the selectmen of the defendant. Writ dated April 6, 1900. The defendant demurred to the declaration. In the Superior Court the demurrer was overruled by Eardy, J., and the defendant appealed. Thereafter the case was tried before Sherman, J.,- and the jury returned a verdict for the plaintiff in the sum of $200. At the request of the defendant the judge reported the case for…
1Opinion of the CourtLathrop, J.
The plaintiff’s land is situated on the corner of Washington Street and Sherman Street in Canton. On the westerly side of Washington Street, and running past the plaintiff’s land, there was, and had been for many years before November 16,1899, a wide, open, and concreted gutter. This was shallow enough to allow all vehicles going from Washington Street into Sherman Street to pass over it. It was intended to carry off surface water, and ordinarily was sufficient for that purpose; it was lower than the general surface of the street, but substantially followed its grade line.
The Blue Hill Street…
2Cases cited9 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Collins v. City of WalthamMassachusetts Supreme Judicial Court · 1890
- Kennison v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1888
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
- O'Brien v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Selectmen of Clinton v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Inhabitants of Southborough v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1924
- Hyde v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Manning v. City of SpringfieldMassachusetts Supreme Judicial Court · 1903
- Laroe v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1905
2 more not listed; retrieve them via the Exa API.