Stevens v. Proprietors of the Middlesex Canal
Massachusetts Supreme Judicial Court
This was an action of the case, in which the plaintiff declared, that, on the 1st day of January, 1799, and ever since, he was seized and possessed of several parcels of meadow land in Chelmsford, bounded, &c.
Read the full summary
This was an action of the case, in which the plaintiff declared, that, on the 1st day of January, 1799, and ever since, he was seized and possessed of several parcels of meadow land in Chelmsford, bounded, &c. And that the defendants, during all the time aforesaid, were owners of a certain canal, passing by or near the'said several parcels of land, during all which time they suffered the hanks of their said canal to be and remain in such a porous, open, and imperfect state, that the waters issuing from the said canal have overflowed the said land during the time aforesaid, and rendered the…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court. [ *468] The nonsuit in this case was ordered on the ground, that, as a special process was provided in the act incorporating the propri etors of the canal, whereby those who might receive damage in their lands by means of establishing the canal, should obtain compensation, the action at common law is no longer maintainable. This principle was settled in the case of Stowell vs. Flagg.(2)
When the legislature authorizes an act, the necessary and natural consequence of which is damage to the property of another, he who does the act cannot be…
2Cases cited4 opinions
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
- Perry v. WilsonMassachusetts Supreme Judicial Court · 1811
- Cunningham v. BucklinNew York Supreme Court · 1828
- Steel v. President of Western Inland Lock NavigationNew York Supreme Court · 1807
3Cited by6 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Bates v. CooperOhio Supreme Court · 1831
- Proprietors of Charles River Bridge v. Proprietors of Warren BridgeMassachusetts Supreme Judicial Court · 1830
- Mann v. RobertsWisconsin Supreme Court · 1905
- Teick v. Board of CommissionersSupreme Court of Minnesota · 1866
1 more not listed; retrieve them via the Exa API.