Taft v. Bridgeton Worsted Co.
Massachusetts Supreme Judicial Court
Tort for the destruction of an ice crop by the defendant in draining a mill pond upon the plaintiffs’ land by raising the gates of a dam owned and maintained by the defendant upon its land. Writ dated June 30, 1919. The material allegations in the declaration are described in the opinion.
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Tort for the destruction of an ice crop by the defendant in draining a mill pond upon the plaintiffs’ land by raising the gates of a dam owned and maintained by the defendant upon its land. Writ dated June 30, 1919. The material allegations in the declaration are described in the opinion. The defendant filed a demurrer to the declaration upon the ground that it set forth no breach of any legal duty owed by the defendant to the plaintiffs and that the defendant had a legal right to raise its sluice gates which was superior to any right of the plaintiffs to the ice formed on the pond. The case…
1Opinion of the CourtRugg, C. J.
This action of tort comes before us on the plaintiffs’ appeal from an adverse judgment entered in consequence of sustaining the defendant’s demurrer to the declaration. In the several counts of the declaration are general allegations in substance to the effect that the plaintiffs in January, 1919, were owners of land over which the defendant had flowage rights exercised by the maintenance of a dam for use in connection with its textile mill; that they have conducted for many years profitably the business of harvesting and selling the ice naturally forming on this pond in such manner as in no…
2Cases cited17 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Loughery v. Central Trust Co.Massachusetts Supreme Judicial Court · 1927
- Jubilee Yacht Club v. Gulf Refining Co.Massachusetts Supreme Judicial Court · 1923
- Labbadia v. BaileySupreme Court of Connecticut · 1964
- Goodrich v. McMillanMichigan Supreme Court · 1922
- Hood v. SlefkinSupreme Court of Rhode Island · 1958
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