Wells v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Tort to recover damages caused by the discharge of water upon the plaintiff’s land. Writ dated October 24, 1887. At the trial in the Superior Court, before Barker, J.? there was evidence tending to prove the following facts.
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Tort to recover damages caused by the discharge of water upon the plaintiff’s land. Writ dated October 24, 1887. At the trial in the Superior Court, before Barker, J.? there was evidence tending to prove the following facts. The defendant in 1880, in 'constructing its railroad alongside the land in question, which consisted of meadow land used for growing grass and was then owned by one Bigelow, built a per» manent embankment about sixteen feet high, fifty feet wide at the base, and fifteen feet wide at the top, to support its track, and built a culvert crosswise through it at the bottom for…
1Opinion of the Court
C. Allen, J., The defendant in the construction of its railroad in 1880 brought together eight natural streams of water, and discharged them through one culvert, which was built under its road-bed, upon the land now owned by the plaintiff, at a different place from that where either of them originally flowed; and indeed three of the streams had never before flowed over this land at all. Under the instructions which were given to the jury, they must have found that this mode of discharging these streams of water upon the plaintiff’s land was not necessarily adopted in the proper construction…
2Cases cited9 opinions
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
- Reed v. . the StateNew York Court of Appeals · 1888
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
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