Cobb v. Fisher
Massachusetts Supreme Judicial Court
Complaint under the mill act, Gen. Sts. c. 149. The answer set up that the respondent had a right to flow without any compensation to the complainant, because of a perpetual release and full satisfaction of all present and future damages therefor, by the former owner of the land described in the complaint ; and relied upon the following paper in support thereof, recorded in the registry of deeds: “ Mansfield, April 1, 1847. Know all men by these presents: That I, Warren…
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Complaint under the mill act, Gen. Sts. c. 149. The answer set up that the respondent had a right to flow without any compensation to the complainant, because of a perpetual release and full satisfaction of all present and future damages therefor, by the former owner of the land described in the complaint ; and relied upon the following paper in support thereof, recorded in the registry of deeds: “ Mansfield, April 1, 1847. Know all men by these presents: That I, Warren Cobb, of Mansfield, in the County of Bristol, yeoman, in consideration of forty dollars to me paid by Daniel Fisher, of said…
1Opinion of the CourtGray, C. J.
The writing, signed by the former owner of the land flowed, bound him personally, as a release of his own claim for pecuniary damages. Seymour v. Carter, 2 Met. 520. Smith v. Goulding, 6 Cush. 154. But it could not bind the land, nor estop subsequent grantees of the land to recover damages for the flowing thereof in the future, because it was not under seal. Fitch v. Seymour, 9 Met. 462. Stevens v. Stevens, 11 Met. 251. Craig v. Lewis, 110 Mass. 377. Snow v. Moses, 53 Maine, 546. Acording to the terms of the report the verdict for the respond ent must be set aside, and a
Verdict entered for…
2Cases cited2 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Craig v. LewisMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
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- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Warren v. CareyMassachusetts Supreme Judicial Court · 1887