Trowbridge v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition, filed August 26, 1885, to recover damages alleged to have been sustained by the petitioner by reason of the draining of two wells on her land in Brookline, caused by the building of a sewer by the town of Brookline.
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Petition, filed August 26, 1885, to recover damages alleged to have been sustained by the petitioner by reason of the draining of two wells on her land in Brookline, caused by the building of a sewer by the town of Brookline. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the petitioner’s land, in which said wells were located, was situated at the junction of School Street and Washington Street in Brookline. The sewer complained of, commonly called the Cypress Street sewer, was duly laid out by the…
1Opinion of the CourtW. Allen, J.
If the petitioner can recover for damages occasioned by making so much of the sewer as is in the land taken from Chandler, the petition can be maintained, and the ruling was correct, even if damages occasioned by making so much of the sewer as is in the highway may be supposed to have been included in damages for the laying out of the highway ; and the question presented is whether a town which lawfully takes land and constructs a common sewer therein, whereby a well upon land not taken, and not adjoining, land taken, is made dry, the well being fed by water percolating through the soil, may…
2Cases cited3 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Marsden v. City of CambridgeMassachusetts Supreme Judicial Court · 1874
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1883
3Cited by21 opinions
- Farnandis v. Great Northern Railway Co.Washington Supreme Court · 1906
- County of Erie v. . FridenbergNew York Court of Appeals · 1917
- Branyon v. KirkSupreme Court of Alabama · 1939
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cabot v. KingmanMassachusetts Supreme Judicial Court · 1896
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