Fitzgerald v. Fortier

This is a suit in equity to restrain the defendant from flowing the plaintiff’s land by obstructing the flow of a stream or brook. This suit and another brought by the same plaintiff against the same defendant were referred to a master, who states in his report that they were tried together before him and involved substantially identical issues. The master found that in the first suit the town of Auburn was originally a party defendant, but prior to the hearings that suit had been dismissed as to it; that the second suit *270was brought without knowledge on the part of the present counsel of the…