Walker Ice Co. v. American Steel & Wire Co.
Massachusetts Supreme Judicial Court
Tort for the alleged destruction of an uncut crop of ice on Salisbury Pond in Worcester by great quantities of hot water ¿toured into the pond by pipes and conduits from the defendant’s factory. Writ dated June 16, 1900. In the Superior Court the case was tried before Hopkins, J. Certain evidence described and referred to in the opinion of the court and in the dissenting opinion was offered by the defendant and excluded by the judge subject to exceptions by the plaintiff.
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Tort for the alleged destruction of an uncut crop of ice on Salisbury Pond in Worcester by great quantities of hot water ¿toured into the pond by pipes and conduits from the defendant’s factory. Writ dated June 16, 1900. In the Superior Court the case was tried before Hopkins, J. Certain evidence described and referred to in the opinion of the court and in the dissenting opinion was offered by the defendant and excluded by the judge subject to exceptions by the plaintiff. The defendant requested the following rulings: “ 1. That upon the evidence the plaintiff has established no cause of…
1Opinion of the CourtMorton, J.
This is an action of tort to recover damages for the alleged destruction by the defendant of a crop of ice on Salisbury Pond in Worcester which the plaintiff was preparing to harvest. There was a verdict for the plaintiff and the case is here on exceptions by the defendant to the admission and exclusion of evidence, and to the instructions that were given and refused. The plaintiff contended that the ice was destroyed by the turning into the pond by the defendant of hot water from its condensers. The defendant admitted turning in hot water but denied that the destruction of the ice was caused…
2Cases cited14 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Huntington v. . AsherNew York Court of Appeals · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Wit v. Commercial Hotel Co.Massachusetts Supreme Judicial Court · 1925
24 more not listed; retrieve them via the Exa API.