Manning v. Woodlawn Cemetery Corp.
Massachusetts Supreme Judicial Court
Tort for damage resulting from the discharge of water by the defendant upon land of the plaintiff. Writ dated December 16, 1915. The action was referred to an auditor, the parties agreeing that the auditor’s finding of fact should be final. Material findings by the auditor are described in the opinion. The action was heard upon the auditor’s report as the only evidence by Lawton, J., without a jury.
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Tort for damage resulting from the discharge of water by the defendant upon land of the plaintiff. Writ dated December 16, 1915. The action was referred to an auditor, the parties agreeing that the auditor’s finding of fact should be final. Material findings by the auditor are described in the opinion. The action was heard upon the auditor’s report as the only evidence by Lawton, J., without a jury. The defendant moved that the report be “rejected or recommitted,” and the plaintiff moved that judgment be entered on the auditor’s report. The judge denied the defendant’s motion and “ allowed…
1Opinion of the CourtDe Courcy, J.
This is an action to recover for damage to five acres of the plaintiff’s land, caused by the discharge of surface water thereon by the defendant. The case was heard by an auditor, under an agreement that his findings of fact should be final. Among the material facts found by him are the following:
The plaintiff owns about thirteen acres of farm land on the north side of Fuller Street in Everett. The defendant’s cemetery covers an area of about one hundred and sixty-five acres, on the south side of Fuller Street, opposite the Manning farm. The defendant owns also a small triangular parcel on…
2Cases cited4 opinions
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Diamond v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1914
- Daley v. LegateMassachusetts Supreme Judicial Court · 1897
- Tripp v. MacomberMassachusetts Supreme Judicial Court · 1904
3Cited by19 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- Harrison v. Textron, Inc.Massachusetts Supreme Judicial Court · 1975
- Royal Paper Box Co. v. Munro & Church Co.Massachusetts Supreme Judicial Court · 1933
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
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