Lemon v. City of Newton
Massachusetts Supreme Judicial Court
■Tort for an alleged nuisance to the plaintiff’s estate. At. the trial in this court, before Devens, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtColburn, J.
The following facts appeared in evidence In this case. A legal town meeting of the inhabitants of Newton was held on November 13, 1871- The 16th article in the warrant for said meeting was as follows: “To see if the town will change, or authorize the change, of the course of the brook running between Church and Elmwood Streets in the village of Newton, across land recently purchased by Grace Church Parish and land of others, stone up and cover the same according to plans of an engineer, or do anything relating thereto.” Under this article, it was voted, “ That the matter of a change in the…
2Cases cited4 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Cushing v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1878
3Cited by22 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
- Hodgdon v. City of HaverhillMassachusetts Supreme Judicial Court · 1907
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