Henry v. City of Newburyport
Massachusetts Supreme Judicial Court
Tort for filling up flats at a public landing place in Newburyport, and interrupting the plaintiff’s right of drainage upon and across such flats into tide-water. Trial in the Superior Court, before Thompson, J., who, after a verdict for the plaintiff, allowed a bill of exceptions, which, so far as material, appears in the opinion. The case was argued at the bar in November, 1888, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtDeyens, J.
Assuming, in the first instance, that the defendant city is responsible for the filling up of the landing place, and that the work done for this purpose is to be treated as the act of its servants, but without so deciding, we proceed to inquire whether any injury has been done to the plaintiff for which she is entitled to a remedy by this action. The plaintiff’s premises, upon which stood a building, consisted partly of ledge and partly of flats that had been filled up, forming a sort of wharf faced with stone towards the water. The rear and one side, which were faced with the stone wall,…
2Cases cited2 opinions
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- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Burke v. CommonwealthMassachusetts Supreme Judicial Court · 1933
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