Sturtevant v. Ford

After the decision and rescript in Sturtevant v. Ford, 280 Mass. 303, a final decree* was entered on May 2, 1938, and from it the defendants appealed to this court. The plaintiff, a lower riparian owner, complained in this suit of a diminution in the flow of water in Hop Brook in Sudbury, caused by acts of the defendants, riparian owners above him. Our former decision, besides vacating an award of damages, held that the defendants had not used the waters of the brook unreasonably except in connection with the Carding Mill Pond, a new pond created by the defendants by building a dam near the…