Legal Opinion
Murphy v. Town of Chatham
Massachusetts Appeals Court
Decided December 26, 1996No. 94-P-1126PublishedCited by 11 opinions
1Opinion of the CourtFlannery, J.
As a result of injury to one of Murphy’s cranberry bogs, the trial judge found after a jury-waived trial that the town of Chatham was liable for damages on the theory of nuisance. Raising several issues between them, both parties have appealed from the judgment.
Since 1970, Murphy has owned and operated Emery bog, a cranberry bog in the town. The production of cranberries requires the flooding of the bog in the winter to protect the crop from the winter weather. Around March of each year, the bog is drained. It had been Murphy’s practice to drain Emery bog into Barclay Pond. As a result of…
2Cases cited19 opinions
- Jean W. v. CommonwealthMassachusetts Supreme Judicial Court · 1993
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Doe v. New Bedford Housing AuthorityMassachusetts Supreme Judicial Court · 1994
- Larabee v. Potvin Lumber Co.Massachusetts Supreme Judicial Court · 1983
- Harrison v. Textron, Inc.Massachusetts Supreme Judicial Court · 1975
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Morrissey v. New England Deaconess Ass'n - Abundant Life Communities, Inc.Massachusetts Supreme Judicial Court · 2010
- Church v. General Electric Co.District Court, D. Massachusetts · 2001
- Fortier v. Town of EssexMassachusetts Appeals Court · 2001
- Town of Sturbridge v. Mobil Corp.District Court, D. Massachusetts · 2002
- O'Malley v. RuhanMassachusetts District Court, Appellate Division · 2006
6 more not listed; retrieve them via the Exa API.