Cobb v. Massachusetts Chemical Co.
Massachusetts Supreme Judicial Court
Bill in equity by the owner of certain land in Walpole crossed by a small stream running into the Neponset River and used by the Massachusetts Chemical Company, one of the defendants, as a raceway, alleging, that nearly an acre-of the plaintiff’s land lay between the stream and the Neponset River, and to obtain access to this piece of land, the plaintiff for a long time had maintained, across the stream a bridge suitable for the passage of teams, and that the defendant…
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Bill in equity by the owner of certain land in Walpole crossed by a small stream running into the Neponset River and used by the Massachusetts Chemical Company, one of the defendants, as a raceway, alleging, that nearly an acre-of the plaintiff’s land lay between the stream and the Neponset River, and to obtain access to this piece of land, the plaintiff for a long time had maintained, across the stream a bridge suitable for the passage of teams, and that the defendant company wrongfully entered with a large force of men upon the land of the plaintiff, removed the bridge, cut down the trees…
1Opinion of the CourtHammond, J.
The defendant, the Massachusetts Chemical Company, as the successor to the grantee named in the deed of December 22, 1814, is the owner of the strip of land running through the land of the plaintiff, and has the right to maintain thereon the raceway of that width; and, whether the strip be the bed of an artificial canal or of a natural stream, may lawfully remove in a reasonable way all obstructions to the usual flow of the water. In some such cases it is reasonable to place some of the obstructions upon the neighboring land. Prescott v. White, 21 Pick. 341. Prescott v. Williams, 5 Met. 429.
*426Th…
2Cited by14 opinions
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- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
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