Mahoney v. Barrows
Massachusetts Supreme Judicial Court
Tort for damages resulting from the flowing of the plaintiff’s land by waste water collected by a dam upon the land of the defendants, adjoining owners. Writ in the Fourth District Court of Plymouth dated June 6, 1916. Upon appeal to the Superior Court, the action was heard by Bishop, J., without a jury. Material evidence and rulings given and requests denied by the judge are described in the opinion.
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Tort for damages resulting from the flowing of the plaintiff’s land by waste water collected by a dam upon the land of the defendants, adjoining owners. Writ in the Fourth District Court of Plymouth dated June 6, 1916. Upon appeal to the Superior Court, the action was heard by Bishop, J., without a jury. Material evidence and rulings given and requests denied by the judge are described in the opinion. There was a finding for the plaintiff in the sum of $75; and the defendants alleged exceptions.
1Opinion of the CourtCarroll, J.
This is an action of tort to recover damages for injury caused to the plaintiff’s real estate by the acts of the defendants in maintaining a dike and flume upon their land, by means of which surface water was collected and discharged upon the plaintiff’s land. The dike and flume were at the lower end of the defendants’ cranberry bog through which there was no watercourse except an artificial ditch, constructed by the defendants or their predecessors in title, into which the surface water from the higher land of several adjacent owners, including that of the plaintiff, drained, and then passed…
2Cases cited4 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Smith v. FaxonMassachusetts Supreme Judicial Court · 1892
- Fitzpatrick v. WelchMassachusetts Supreme Judicial Court · 1899
- Nye v. SwiftMassachusetts Supreme Judicial Court · 1906
3Cited by7 opinions
- Tucker v. BadoianMassachusetts Supreme Judicial Court · 1978
- Manning v. Woodlawn Cemetery Corp.Massachusetts Supreme Judicial Court · 1923
- Deyo v. Athol Housing AuthorityMassachusetts Supreme Judicial Court · 1957
- Kronberg v. BulleMassachusetts Supreme Judicial Court · 1924
- Miller v. DarbyMassachusetts Supreme Judicial Court · 1957
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