Bock v. Wall
Massachusetts Supreme Judicial Court
Petition, filed on August 2, 1906, under R. L. c. 196, for damages sustained by the petitioners, upper riparian proprietors on the Stop River, by reason of the flooding of their land by water set back by the respondent’s dam below them.
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Petition, filed on August 2, 1906, under R. L. c. 196, for damages sustained by the petitioners, upper riparian proprietors on the Stop River, by reason of the flooding of their land by water set back by the respondent’s dam below them. The respondent in her answer alleged “ that she and those under whom she claims have had peaceable possession and occupation of said mill and water works and dam and have maintained said dam at its present height for more than twenty years prior to the first day of August, 1903.” The case was tried in the Superior Court before Wait, J. The jury found for the…
1Opinion of the CourtSheldon, J.
The question contested was whether the respondent’s dam had been maintained at its present height for more than twenty years before the bringing of the petition. The evidence was conflicting. There was evidence that in 1876 one Campbell owned the respondent’s premises and an adjacent piece of land upon which a pond had been created by this dam. The respondent was allowed to put in evidence a deed of the adjacent land given in March, 1876, by Campbell to the New York and New England Railroad Company, in which deed Campbell covenanted for himself and his heirs and assigns to maintain this dam “…
2Cases cited3 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Clark v. BrownMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Commonwealth v. RubinMassachusetts Supreme Judicial Court · 1945
- Hutchinson v. PlantMassachusetts Supreme Judicial Court · 1914
- Kurland v. Massachusetts Amusement Corp.Massachusetts Supreme Judicial Court · 1940
- Brightwell v. SimpsonWest Virginia Supreme Court · 1928
- Neipris v. Graphic Laboratories, Inc.Massachusetts Appeals Court · 1976