Howland v. Inhabitants of Greenfield
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 14, 1914, by the owner of certain real estate on^ Pierce Street in Greenfield against the town of Greenfield, praying, first, for a mandatory injunction ordering the defendant to remove from the plaintiff’s land all pipes and conduits used by the defendant for the purposes of a sewer, and, second, for an order to the defendant to pay damages to the plaintiff for unlawfully maintaining a sewer in the plaintiff’s land.
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Bill in equity, filed in the Superior Court on December 14, 1914, by the owner of certain real estate on^ Pierce Street in Greenfield against the town of Greenfield, praying, first, for a mandatory injunction ordering the defendant to remove from the plaintiff’s land all pipes and conduits used by the defendant for the purposes of a sewer, and, second, for an order to the defendant to pay damages to the plaintiff for unlawfully maintaining a sewer in the plaintiff’s land. The case was referred to a master, who filed a report containing the findings that are stated in the opinion. The…
1Opinion of the CourtBraley, J.
It is settled that where an easement in private land is taken for the maintenance of a sewer, only the person who at the date of taking owns the land or some interest therein has any claim to damages. And, independently of any question of waiver or estoppel, whatever right to damages in any form the owner of the land may have had, whether the entry of the defendant thereon was lawful or unlawful, was a chose in action which did not pass to her under the deed. Webster v. Lowell, 139 Mass. 172. Briggs v. Treasurer & Receiver General, 224 Mass. 46, 47.
But, while conceding that the first prayer…
2Cases cited17 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Collins v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1888
- Wood v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1908
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
- Noyes v. City CouncilMassachusetts Supreme Judicial Court · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Markiewicus v. Town of MethuenMassachusetts Supreme Judicial Court · 1938
- Putnam Furniture Building, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1948
- Devine v. Town of NantucketMassachusetts Supreme Judicial Court · 2007
8 more not listed; retrieve them via the Exa API.