Whitten v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort, against the city of Haverhill, to recover damages resulting from the deposit of sewage upon the plaintiffs’ land by the defendant by means of a branch sewer running from a sewer of the defendant in Washington Street in Haverhill through the land of the plaintiffs to the Merrimack River, with three counts which are described in the opinion.
Read the full summary
Tort, against the city of Haverhill, to recover damages resulting from the deposit of sewage upon the plaintiffs’ land by the defendant by means of a branch sewer running from a sewer of the defendant in Washington Street in Haverhill through the land of the plaintiffs to the Merrimack River, with three counts which are described in the opinion. Writ dated September 20, 1905. In the Superior Court the case was tried before Bell, J. The material facts shown by the evidence are stated in the opinion. The defendant asked the judge to give, among others, the following instructions to the jury: “…
1Opinion of the CourtLoring, J.
This is an action of tort brought by owners of land in the city of Haverhill, abutting on the Merrimack River, for damage done to it by the discharge of filth from a sewer built and maintained by that city.
The plaintiffs’ land is some two hundred and forty feet deep, fronting on Washington Street and backing on the river. The sewer in question is built from a manhole in Washington Street, across the whole depth of the lot, and discharges on the plaintiffs’ land and so into the Merrimack River. Thirty acres of a densely populated community are drained by this sewer.
As we understand the three…
2Cases cited16 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Bennett v. City of New BedfordMassachusetts Supreme Judicial Court · 1872
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Diamond v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1914
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934
- O'Hearn v. Town of AdamsMassachusetts Supreme Judicial Court · 1934
- Spare v. City of SpringfieldMassachusetts Supreme Judicial Court · 1918
- Lopes v. A. Pontes & Sons Construction, Inc.Massachusetts District Court, Appellate Division · 1981
3 more not listed; retrieve them via the Exa API.