Boston Rolling Mills v. City of Cambridge
Massachusetts Supreme Judicial Court
Two BILLS IN equity, filed in January, 1874, praying that the defendant might be restrained by injunction from permitting any sewage, or water polluted with sewage, from passing into Broad Canal through certain sewers established and maintained by the defendant; that the defendant might be ordered to forthwith remove all deposits arid accumulations caused by the emptying of said sewers into said canal, and to abate the nuisance caused thereby, and for further relief.
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Two BILLS IN equity, filed in January, 1874, praying that the defendant might be restrained by injunction from permitting any sewage, or water polluted with sewage, from passing into Broad Canal through certain sewers established and maintained by the defendant; that the defendant might be ordered to forthwith remove all deposits arid accumulations caused by the emptying of said sewers into said canal, and to abate the nuisance caused thereby, and for further relief. The answer in each case admitted that the sewers emptied into said canal, and averred that they rightfully and legally emptied…
1Opinion of the CourtColt, J.
The plaintiffs in these suits have the right of free and unimpeded navigation in Broad Canal, acquired by private grant to them as owners of lots bounding thereon, and are also *400owners of undivided interests in common in the soil or bed of the same. See Page v. Young, 106 Mass. 313. The case finds that the right of navigation is obstructed by deposits from sewers constructed by and subject to the control of the city, which terminate at the canal and discharge their contents directly into it. It is also agreed that exhalations from these deposits cause direct, peculiar and material injury to…
2Cases cited4 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Washburn & Moen Manufacturing Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- Page v. YoungMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Westhampton Reservoir Recreation Corp. v. HodderMassachusetts Supreme Judicial Court · 1940
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