Middlesex Co. v. McCue
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant from filling the plaintiff’s mill-pond, and to compel him to remove material already deposited in it. Hearing upon the pleadings and a master’s report, before Holmes, J., who reserved the case for the consideration of the full court, in substance as follows. The master’s report contained the following facts.
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Bill in equity to restrain the defendant from filling the plaintiff’s mill-pond, and to compel him to remove material already deposited in it. Hearing upon the pleadings and a master’s report, before Holmes, J., who reserved the case for the consideration of the full court, in substance as follows. The master’s report contained the following facts. The plaintiff, a mill corporation, was the owner of the mill-pond in question, which was raised by its dam, and of the land under the pond, and for thirty years and more had constantly used the water power thus created for manufacturing purposes.…
1Opinion of the CourtHolmes, J.
This is a bill brought to restrain the defendant from filling up the plaintiff’s mill-pond. The master reports that the defendant’s land is on the slope of a hill running down to the pond, and that the only acts of the defendant tending to fill the pond have been those of cultivating and manuring his own soil in the ordinary way, for the purpose of raising garden vegetables. The question is whether the defendant has a right to do these acts notwithstanding their effects upon the plaintiff’s land and water rights.
The respective rights and liabilities of adjoining landowners cannot be…
2Cases cited4 opinions
- Ball v. NyeMassachusetts Supreme Judicial Court · 1868
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Brown & Bros. v. IlliusSupreme Court of Connecticut · 1858
- Brown v. IlliusSupreme Court of Connecticut · 1857
3Cited by17 opinions
- Miles v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Pye v. FaxonMassachusetts Supreme Judicial Court · 1892
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Jubilee Yacht Club v. Gulf Refining Co.Massachusetts Supreme Judicial Court · 1923
- Quinn v. CrimmingsMassachusetts Supreme Judicial Court · 1898
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