Legal Opinion

Parker v. American Woolen Co.

Massachusetts Supreme Judicial Court

Decided May 28, 1907PublishedCited by 20 opinions

Bill in equity, filed in the Supreme Judicial Court on April 11, 1902, by the owner of a parcel of land through which runs a stream called Beaver Brook, in the town of Dracut, having thereon a paper mill operated by the plaintiff from 1888 continuously for a period of almost twelve years, and thereafter operated by another paper manufacturer under a lease from the plaintiff until he was prevented from carrying on the business of manufacturing paper there by the acts of the…

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Bill in equity, filed in the Supreme Judicial Court on April 11, 1902, by the owner of a parcel of land through which runs a stream called Beaver Brook, in the town of Dracut, having thereon a paper mill operated by the plaintiff from 1888 continuously for a period of almost twelve years, and thereafter operated by another paper manufacturer under a lease from the plaintiff until he was prevented from carrying on the business of manufacturing paper there by the acts of the defendant alleged in the bill, against a corporation manufacturing woollen and other cloths and owning since April, 1899,…

1Opinion of the CourtSheldon, J.

It will be convenient in this ease to consider first the questions raised by the plaintiff’s exceptions to the master’s report and to the ruling of the single justice thereon. That ruling was in substance that one riparian proprietor has no right to discharge into a stream substances which will corrupt and foul the waters thereof to the injury of a lower riparian proprietor ; that a reasonable use of the waters of a stream by a ri.parian proprietor does not include the right to make the stream a sewer or to discharge into it such substances and things ; and that upon the facts found by the…

2Cases cited26 opinions

  1. Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
  2. Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
  3. Chapman v. . City of RochesterNew York Court of Appeals · 1888
  4. Prentice v. . GeigerNew York Court of Appeals · 1878
  5. Corey v. HavenerMassachusetts Supreme Judicial Court · 1902

21 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
  2. Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
  3. Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
  4. Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
  5. Lopes v. City of PeabodyMassachusetts Supreme Judicial Court · 1994

15 more not listed; retrieve them via the Exa API.

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