Brown v. Dean
Massachusetts Supreme Judicial Court
Tort for the obstruction, from October 5,1865, to September 1, 1872, of the machinery of the plaintiffs’ mills, in Adams, by water set back by a dam built by the defendant’s intestate, Horatio N. Dean, lower on the stream.
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Tort for the obstruction, from October 5,1865, to September 1, 1872, of the machinery of the plaintiffs’ mills, in Adams, by water set back by a dam built by the defendant’s intestate, Horatio N. Dean, lower on the stream. Writ dated March 8,1875. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows : The plaintiffs put in evidence tending to show that their mills and dam were situated on land formerly owned in common by John Bucklin and Benjamin Read, and that, while they so owned it, they built a dam across the Hoosac River, and also…
1Opinion of the CourtColt, J.
The defendant’s intestate erected the dam complained of, and, during the time covered by the declaration, maintained the same. The plaintiffs claim damage for injury to their mills caused by the backwater of this dam. It is objected that the cause of action does not survive against the administrator. But the statute exception to the general rule by which actions of tort are held not to survive embraces in its terms actions for damage done to real or personal estate by the wrongful act of a party. Gen. Sts. e. 127, § 1. Upon the allegations here made, the real estate and mills of the…
2Cases cited6 opinions
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Blackley v. SheldonNew York Supreme Court · 1810
- Root v. SherwoodNew York Supreme Court · 1810
- Commonwealth v. CarringtonMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
6 more not listed; retrieve them via the Exa API.