Fay v. Whitman
Massachusetts Supreme Judicial Court
Tort by a landowner in Westborough against the owner of adjoining land for causing and maintaining noxious stenches at intervals from June 5, 1865, to the date of the writ, June 8, 1866. At the trial in the superior court, before Rockwell, J., it appeared that on the plaintiff’s land there was a dwelling-house which he occupied with his family during the period in question ; and, on the defendant’s land, at a distance of one hundred and twenty-five feet from this…
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Tort by a landowner in Westborough against the owner of adjoining land for causing and maintaining noxious stenches at intervals from June 5, 1865, to the date of the writ, June 8, 1866. At the trial in the superior court, before Rockwell, J., it appeared that on the plaintiff’s land there was a dwelling-house which he occupied with his family during the period in question ; and, on the defendant’s land, at a distance of one hundred and twenty-five feet from this dwelling-house, there was a barn thirty-six feet long, with a pen of the same length adjoining, in which barn the defendant during…
1Opinion of the CourtWells, J.
The instructions given to the jury at the trial were sufficiently favorable to the plaintiff. The third instruction is somewhat obscure and ambiguous; but, when taken in connection with the others, the meaning of the Whole is clear; to wit, that, while no liability results from those occasional or periodical exhalations that arise from such removals of filth as usually become necessary from the occupation of lands for purposes of business, or even domestic use, yet, when the nature of the business is such that removals become unusually frequent, or that such exhalations become permanent or…
2Cited by10 opinions
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- Davis v. SawyerMassachusetts Supreme Judicial Court · 1882
- Harley v. Merrill Brick Co.Supreme Court of Iowa · 1891
- Rogers v. ElliottMassachusetts Supreme Judicial Court · 1888
- Sitterle v. Victoria Cold Storage Co.Court of Appeals of Texas · 1930
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