Deyo v. Athol Housing Authority

In each of these cases the plaintiffs seek to recover for damage to their property caused by the discharge upon their land of water from the adjoining land of Athol Housing Authority and the adjacent land of the town of Athol. The cases were consolidated for trial and referred to an auditor whose findings of fact were to be final.

He designated certain portions of his report as “Preface,” “Facts,” and “Conclusion and Finding.” Under the heading “Facts” it was stated that the plaintiffs are husband and wife and own as tenants by the entirety a parcel of land on the northerly side of Wilson…