MacNamara v. Taft
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 29, 1906, to restrain the defendant from further polluting a natural stream or brook running through the plaintiff’s farm in Oxford, praying also for the assessment of damages. In the Superior Court the case was heard by Lawton, J., who found the facts which are stated in the opinion.
Read the full summary
Bill in equity, filed in the Superior Court on August 29, 1906, to restrain the defendant from further polluting a natural stream or brook running through the plaintiff’s farm in Oxford, praying also for the assessment of damages. In the Superior Court the case was heard by Lawton, J., who found the facts which are stated in the opinion. He also found, if material, that the value of the plaintiff’s farm was $1,000, that she kept three cows on the farm and cultivated a portion of it, that the value of the defendant’s mill was $40,000, that it sent out each winter about nine thousand yards of…
1Opinion of the CourtKnowlton, C. J.
The defendant owns a mill containing four sets of machinery for the manufacture of satinet cloth. It is upon a small stream which in its natural state is eight to twelve feet wide and from three to six feet deep. The mill is run in part by water power and in part by steam power. The plaintiff owns a farm containing about fifty acres of land nearly a mile below, through which the stream flows on its way to French River. This bill is brought to obtain an injunction against the pollution of the water by the discharge of noxious matter into it. The evidence shows that the defendant uses daily, at…
2Cases cited12 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Red River Roller Mills v. WrightSupreme Court of Minnesota · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Monroe Carp Pond Co. v. River Raisin Paper Co.Michigan Supreme Court · 1927
- Panther Coal Co. v. LooneySupreme Court of Virginia · 1946
- Cremidas v. FentonMassachusetts Supreme Judicial Court · 1916
- Kane v. Town of HudsonMassachusetts Appeals Court · 1979
- Lincoln Park Amusement Co. v. Town of WestportMassachusetts Supreme Judicial Court · 1959
1 more not listed; retrieve them via the Exa API.