Inhabitants of New Salem v. Eagle Mill Co.
Massachusetts Supreme Judicial Court
Tort for damages alleged to have been caused to a highway in the plaintiff town, by water set back upon the same by a dam built by one Eddy, and maintained by the defendant corporation. Writ dated October 26, 1883. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
1. There was evidence from which the jury might have found that the defendant, in 1871, rebuilt the dam originally built by one Eddy, in 1855. If it did so, it was liable without a demand; McDonough v. Gilman, 3 Allen, 264; and might continue liable, notwithstanding a subsequent lease to or occupation by others, especially if, as the plaintiff contended, the lease was merely colorable. Prentiss v. Wood, 132 Mass. 486. McDonough v. Gilman, 3 Allen, 267. Roswell v. Prior, 12 Mod. 635.
2. The arrangement between the town and Eddy, under which the original dam was built, was not shown to be…
2Cases cited7 opinions
- Mills v. HallNew York Supreme Court · 1832
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
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- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
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