James v. City of Worcester

The defendant, under authority from the Legislature, built a dam and maintained a reservoir for the *362purpose of supplying its inhabitants with water.* This action is brought to recover for damages to the plaintiff’s land by water which escaped from the reservoir in consequence of the giving way of the dam. The land was subject to a mortgage, and the defendant settled with the mortgagee for all the damages, and received a discharge in full from him.

The first question is, whether the settlement by the mortgagee is a defence to this suit by the mortgagor.

In general, the mortgagee of land is…