Diamond v. Inhabitants of North Attleborough
Massachusetts Supreme Judicial Court
Tort against the town of North Attleborough for damage done to the land of the plaintiffs by the discharge of water by the defendant into a small natural stream called Mire Brook, causing the brook to overflow its banks and to submerge and wash away portions of the'plaintiffs’ land.
Read the full summary
Tort against the town of North Attleborough for damage done to the land of the plaintiffs by the discharge of water by the defendant into a small natural stream called Mire Brook, causing the brook to overflow its banks and to submerge and wash away portions of the'plaintiffs’ land. Writ dated March 21, 1913. The defendant in its answer alleged that by St. 1909, c. 269, it was authorized to lay, make and maintain subdrains and, with the approval of the State board of health, to discharge the water into any brook, stream or watercourse within the town, and that any water discharged by it into…
1Opinion of the CourtRugg, C. J.
This is an action of tort wherein the plaintiffs seek to recover damages alleged to have been sustained by reason of the flooding of their land through the negligence of the defendant in causing the overflow of an adjacent brook.
It is undisputed that the defendant, acting under the authority conferred by St. 1909, c. 269 (hereinafter called the special statute), laid out and constructed a system of main drains and common sewers. It also, for the purpose of disposing of underground water, constructed a subdrain through land of the plaintiffs, with the outlet into the brook. This brook was a…
2Cases cited17 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- United States v. LynahSupreme Court of the United States · 1903
- Manigault v. SpringsSupreme Court of the United States · 1905
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- City of Norwood v. SheenOhio Supreme Court · 1933
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Hakkila v. Old Colony Broken Stone & Concrete Co.Massachusetts Supreme Judicial Court · 1928
- Chesarone v. Pinewood Builders, Inc.Massachusetts Supreme Judicial Court · 1962
12 more not listed; retrieve them via the Exa API.