Smith v. Faxon
Massachusetts Supreme Judicial Court
Tort, for flooding the plaintiff’s premises with surface water. At the trial in the Superior Court, before Bunbar, J., the plaintiff testified that he was occupying a part of the basement of the building on Beach Street, in Boston, which extended from South Street to Utica Street; that he hired the same of Potter and Watson, as tenant at will; that he occupied the front half of the basement next to Beach Street, running back about one half the width of the building, and that…
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Tort, for flooding the plaintiff’s premises with surface water. At the trial in the Superior Court, before Bunbar, J., the plaintiff testified that he was occupying a part of the basement of the building on Beach Street, in Boston, which extended from South Street to Utica Street; that he hired the same of Potter and Watson, as tenant at will; that he occupied the front half of the basement next to Beach Street, running back about one half the width of the building, and that his portion was separated from the rest of the basement by a board partition, the other part being occupied by Potter…
1Opinion of the CourtLathrop, J.
As to the first request for rulings, the jury were instructed that the defendant had the right to make the excavation upon his own land. They were further instructed, that a person was not generally liable for surface water collecting on his land and flowing on to the land of another; that the defendant was not liable if the injury was caused by surface water pouring over from the street into the cellar ; but that he would be liable if the water came in through a drain pipe which discharged it in greater quantities than would otherwise have accumulated in the cellar, and in a different…
2Cases cited3 opinions
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Fera v. ChildMassachusetts Supreme Judicial Court · 1874
3Cited by17 opinions
- Hynes v. BrewerMassachusetts Supreme Judicial Court · 1907
- J. W. Grady Co. v. HerrickMassachusetts Supreme Judicial Court · 1934
- Deyo v. Athol Housing AuthorityMassachusetts Supreme Judicial Court · 1957
- Mutzel v. Northwestern Bell Telephone Co.Supreme Court of Iowa · 1955
- Longbotham v. TakeokaOregon Supreme Court · 1925
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