Parker v. American Woolen Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on April 11, 1902, by the owner of property on Beaver Brook in the town of Dracut, to enjoin the defendant, an upper riparian owner, from polluting that stream, and for damages. The case was referred to Charles P. Greenough, Esquire, as master. An interlocutory decree was made by Morton, J., overruling exceptions to the master’s report and confirming the report.
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Bill in equity, filed in the Supreme Judicial Court on April 11, 1902, by the owner of property on Beaver Brook in the town of Dracut, to enjoin the defendant, an upper riparian owner, from polluting that stream, and for damages. The case was referred to Charles P. Greenough, Esquire, as master. An interlocutory decree was made by Morton, J., overruling exceptions to the master’s report and confirming the report. On an appeal by the defendant, a decree for the plaintiff was ordered by this court, in a decision reported in 195 Mass. 591, and the plaintiff was given leave to move, if he so…
1Opinion of the CourtSheldon, J.
When this case came on for hearing upon the master’s second report and the exceptions thereto, the single justice ruled that it must be taken to have been settled by the former proceedings that the stream had been polluted so as to be unfit at the plaintiff’s dam for any manufacturing purposes which required clean water, and that the pollution had been caused by the defendant. This was correct. It was the very point which was passed upon and decided when the case first came before us. Parker v. American Woolen Co. 195 Mass. 591. After that decision, the case was recommitted to the master for…
2Cases cited18 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Pye v. FaxonMassachusetts Supreme Judicial Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Anderson v. W.R. Grace & Co.District Court, D. Massachusetts · 1986
- Antokol v. BarberMassachusetts Supreme Judicial Court · 1924
- Lunn & Sweet Co. v. WolfmanMassachusetts Supreme Judicial Court · 1929
- Agran v. ShapiroCalifornia Court of Appeal · 1954
- Matthews v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1918
6 more not listed; retrieve them via the Exa API.