Aldworth v. City of Lynn
Massachusetts Supreme Judicial Court
Tort. The first count of the declaration, so far as it need be stated, was as follows: “ And the plaintiff says the defendant made a great pond of water near the land of the plaintiff in said Lynn, bounded north by Walnut Street nine hundred feet; east by land of the defendant and other land of the plaintiff five hundred feet; south by land of the plaintiff nine hundred feet; and west by land of the plaintiff five hundred feet; and so maintained the same on the 17th day of…
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Tort. The first count of the declaration, so far as it need be stated, was as follows: “ And the plaintiff says the defendant made a great pond of water near the land of the plaintiff in said Lynn, bounded north by Walnut Street nine hundred feet; east by land of the defendant and other land of the plaintiff five hundred feet; south by land of the plaintiff nine hundred feet; and west by land of the plaintiff five hundred feet; and so maintained the same on the 17th day of July, A. d. 1886, and on divers days since, even to the date of this writ, that the waters of said pond have flowed into…
1Opinion of the CourtKnowlton, J.
This action is to recover damages for a use of the defendant’s premises which was injurious to the plaintiff’s adjoining land; or, in other words, for the maintenance of a nuisance. The plaintiff excepted to the ruling that she was entitled to recover damages only to the date of her writ, and contended that the dam and pond were permanent, and that she was entitled to damages for a permanent injury to her property. *56An erection unlawfully maintained on one’s own land, to the detriment of the land of a neighbor, is a continuing nuisance, for the maintenance of which an action may be brought at…
2Cases cited4 opinions
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
3Cited by33 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- Arcelay v. Sánchez MartínezSupreme Court of Puerto Rico · 1955
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
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