Lufkin v. Zane
Massachusetts Supreme Judicial Court
Tort, in two counts, to recover damages for injury to the plaintiff’s real estate. The writ was dated February 17, 1890. The first count was as follows: “The plaintiff owns an estate with brick buildings thereon, situated on Chardon Street, Boston. The defendant owns and controls the estate next southerly to plaintiff’s estate, with the stable thereon.
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Tort, in two counts, to recover damages for injury to the plaintiff’s real estate. The writ was dated February 17, 1890. The first count was as follows: “The plaintiff owns an estate with brick buildings thereon, situated on Chardon Street, Boston. The defendant owns and controls the estate next southerly to plaintiff’s estate, with the stable thereon. There is upon the defendant’s estate a large cesspool without drain or outlet, into which filth and the urine of large numbers of horses is emptied; and the defendant has so negligently built, maintained, and caused such cesspool to be used…
1Opinion of the CourtField, C. J.
So far as the injury to the plaintiff’s estate was caused by keeping horses in the stalls in the basement of the stable, the exceptions recite “ that the basement stalls were built and the holes bored by a tenant, Richardson, about March, 1889, without his [the defendant’s] knowledge or consent.” The defendant let the stable to Barnard on October 18,1886, to hold for a term from November 1,1887, to January 1,1897. Barnard, with the consent of the defendant, let it to Richardson on February 1, 1888, to hold for a term of eight years and eleven *119months from February 1, 1888. Barnard assigned…
2Cases cited4 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
3Cited by16 opinions
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
- Swift & Co. v. Peoples Coal & Oil Co.Supreme Court of Connecticut · 1936
- Coman v. AllesMassachusetts Supreme Judicial Court · 1908
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