Boston Ferrule Co. v. Hills
Massachusetts Supreme Judicial Court
Bill in equity, filed February 13, 1892, alleging that the plaintiff was engaged in the business of manufacturing and selling ferrules, and carried on its business of manufacturing on the third floor of the building numbered 291 Congress Street in Boston in rooms leased by it from the owner of the building, by a written lease; that the term of the lease began on April 1, 1888, and the plaintiff then entered into occupation of the leased premises, putting therein delicate and…
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Bill in equity, filed February 13, 1892, alleging that the plaintiff was engaged in the business of manufacturing and selling ferrules, and carried on its business of manufacturing on the third floor of the building numbered 291 Congress Street in Boston in rooms leased by it from the owner of the building, by a written lease; that the term of the lease began on April 1, 1888, and the plaintiff then entered into occupation of the leased premises, putting therein delicate and expensive machinery necessary for its business, and the term had not yet expired ; that the plaintiff had ever since…
1Opinion of the CourtHolmes, J.
The fair interpretation of the plaintiff’s bill is that the floor above its rooms naturally and properly has holes in it, and that the defendants knowingly carry on their business in such a way as to send fumes of acid and large quantities of sand through these holes upon the plaintiff’s premises, and thereby to corrode and spoil its machinery and goods.
As between adjoining proprietors, one of them has no right as against the others to do what is complained of here, and it would be no answer to an action to say that the plaintiff might have shut his windows. There would be no need to allege…
2Cases cited2 opinions
- Middlesex Co. v. McCueMassachusetts Supreme Judicial Court · 1889
- Rogers v. ElliottMassachusetts Supreme Judicial Court · 1888
3Cited by17 opinions
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Lorraine A. Beatty v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1988
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Guthrie v. HardyMontana Supreme Court · 2001
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