Legal Opinion

Stanchfield v. City of Newton

Massachusetts Supreme Judicial Court

Decided June 29, 1886PublishedCited by 17 opinions

Tort for injuries sustained by the plaintiff, alleged to be caused by acts of the defendant, whereby the plaintiff’s land, cellar, and kitchen were flooded in the spring of 1876, his land in 1877, and his land, cellar, and kitchen in 1878. Writ dated October 10, 1882. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.

1Opinion of the CourtDevens, J.

The plaintiff sought to recover upon two distinct grounds. First, that, being a riparian proprietor upon the brook, watercourse, ditch, or drain, (for it is called by all these names,) which flowed in the rear of his premises, be was entitled to the natural flow of water therein, and that such flow had been greatly increased in volume, and rendered foul, by the acts of the defendant; and, secondly, that, even if not a riparian proprietor, he was injured by the imperfect construction of the drain through Maple Place, by which the water from Church Street was intended to be conducted to the…

2Cases cited2 opinions

  1. Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
  2. McDonough v. MillerMassachusetts Supreme Judicial Court · 1873

3Cited by17 opinions

  1. Case v. HoffmanWisconsin Supreme Court · 1898
  2. Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
  3. Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
  4. Harrison v. Textron, Inc.Massachusetts Supreme Judicial Court · 1975
  5. Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893

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