Middlesex Co. v. City of Lowell
Massachusetts Supreme Judicial Court
Bill in equity, filed April 26,1884, to restrain the defendant from filling the plaintiff’s mill-pond, and to compel it to remove noxious material already deposited in the pond. Hearing upon the pleadings and a master’s report, before Holmes, J., who at the request of the parties reserved the case for the consideration of the full court, in substance as follows. The master’s report contained the following facts.
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Bill in equity, filed April 26,1884, to restrain the defendant from filling the plaintiff’s mill-pond, and to compel it to remove noxious material already deposited in the pond. Hearing upon the pleadings and a master’s report, before Holmes, J., who at the request of the parties reserved the case for the consideration of the full court, in substance as follows. The master’s report contained the following facts. The plaintiff, a mill corporation, was the owner of the mill-pond in question, which was situated on the Concord River and was raised by its dam, and of the land under the pond, and…
1Opinion of the CourtHolmes, J.
The defendant has built sewers which discharge into the plaintiff’s mill-pond, and which contribute constantly, materially, and appreciably to a deposit at the bottom of the pond, and to unhealthy gases which arise from the deposit. It does not appear that the defendant ever took any part of the plaintiff’s land or of its water rights by eminent domain, or that it acted under any statute. It follows that the plaintiff is entitled to the injunction, unless the defendant has acquired a prescriptive right to discharge through its sewers upon the plaintiff’s land substantially the amount which it…
2Cases cited5 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
- Boston Rolling Mills v. City of CambridgeMassachusetts Supreme Judicial Court · 1875
- Kenison v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1887
3Cited by10 opinions
- City of Waterbury v. Town of WashingtonSupreme Court of Connecticut · 2002
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Los Angeles Brick & Clay Products Co. v. City of Los AngelesCalifornia Court of Appeal · 1943
- Tinker v. BesselMassachusetts Supreme Judicial Court · 1912
- Carson v. BradyMassachusetts Supreme Judicial Court · 1952
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