City of Salem v. Eastern Railroad
Massachusetts Supreme Judicial Court
Conteact to recover twenty-three hundred and sixty-three dollars and eighty-six cents, with interest from the date of demand, expended by the plaintiffs in digging a canal for the purpose of abating a nuisance in the mill-pond in Salem.
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Conteact to recover twenty-three hundred and sixty-three dollars and eighty-six cents, with interest from the date of demand, expended by the plaintiffs in digging a canal for the purpose of abating a nuisance in the mill-pond in Salem. The declaration alleged that the mill-pond in Salem was a large and ancient pond, the waters of which were accustomed to flow freely, in their natural course, into South River, and across .which the defendants built their railroad originally on piles not interfering with free circulation of the water; but that after-wards, within twenty years before this…
1Opinion of the CourtWells, J.
This action is brought under Gen. Sts. c. 26, § 10, against the defendants as the party who caused the nuisance complained of and alleged to have been removed. Several objections are made to the maintenance of the action.
*4421. It is contended that the action should have been brought in the name of the board of health, instead of the city of Salem. But it is clear that the functions of the board of health are official merely. They have no interest in the question ; they do not expend their own money in removing the nuisance, and have no funds in their charge for that purpose; and consequently they…
2Cases cited10 opinions
- The MARY, Stafford, MastfSupreme Court of the United States · 1815
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Harris v. HardemanSupreme Court of the United States · 1853
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3Cited by77 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Blue v. BeachIndiana Supreme Court · 1900
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
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