Anthony v. Inhabitants of Adams
Massachusetts Supreme Judicial Court
The only facts, in this case, which it is necessary to prefix to the opinion of the court, are these : The county commissioners of Berkshire ordered the town of Adams to make the embankment which caused the injury alleged in the plaintiff’s declaration. Said embankment was thereupon made by an individual, by direction of the selectmen of the town, who paid him therefor by an order on the town treasurer. There was no vete or action of the town upon the matter.
1Opinion of the CourtShaw, C. J.
This is an action on the case to recover damages, for injuries to the plaintiff’s lands by flowing, caused by the erection of an embankment by the agents of the defendants. It appears by the case that a highway was laid out, through the town of Adams, and that it crossed the Hoosic rwer, where it *285divided into two branches, and in such a manner, if it passed in a direct line, as to render two bridges necessary. To avoid this necessity, an embankment was made across one of these branches, and a cut made to turn the whole of the water into the other, and thus cause it to pass through one bridge…
2Cases cited5 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Inhabitants of Norton v. Inhabitants of MansfieldMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Manning v. City of Devils LakeNorth Dakota Supreme Court · 1904