Dryden v. Jepherson
Massachusetts Supreme Judicial Court
The first of these actions was trespass on the case, for flowing back water upon Dryden’s mills by a dam, and for damage alleged to have been done to the lands of Dryden below the rolling dam, by the water flowing over the same.
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The first of these actions was trespass on the case, for flowing back water upon Dryden’s mills by a dam, and for damage alleged to have been done to the lands of Dryden below the rolling dam, by the water flowing over the same. The writ was dated November 23d, 1835. At the trial, before Putnam J., it appeared, that on March 15th, 1825, Dryden, having become the owner of the whole of the estate now occupied by him and Jepherson, conveyed to Daniel Morse two acres and three quarters of an acre of the land, more or less, and the house and other buildings standing thereon, with a water…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The first action is case, and alleges two distinct grounds of complaint, both arising from a dam and pond of water, upheld and used by the defendant for mill purposes ; one, in throwing backwater upon the plaintiff’s mills, and the other, in discharging water at the defendant’s waste way, or rolling dam, in such a manner as to flood a portion of the plaintiff’s meadow.
The title of the whole estate occupied both by the plaintiff and the defendant, is traced down to the plaintiff’, and it is conceded that the plaintiff' owned the whole of that…
2Cited by2 opinions
- Hogg v. BaileySuperior Court of Pennsylvania · 1897
- Fease v. VendenakkerMassachusetts Superior Court · 2012