Philbrick v. Ewing
Massachusetts Supreme Judicial Court
Tort for digging up and carrying off a water pipe and thereby cutting off the flow of water to the plaintiff’s house and land.
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Tort for digging up and carrying off a water pipe and thereby cutting off the flow of water to the plaintiff’s house and land. At the trial in the superior court, before Rockwell, J., the facts appeared in evidence which are recited in the opinion of this court; and testimony also was admitted, against the defendant’s objection, tending to show that during the negotiations between the parties which resulted in the plaintiff’s purchase of the house and land, the defendant pointed out to her the water-pipe, which was at the time discharging water into a sink in the house, and told her that “…
1Opinion of the CourtHoar, J.
This case presents some peculiar questions, arising from a combination of facts and circumstances which does not *134seem to have had any parallel in adjudged cases. At least, no case has been cited by counsel which appears to have much resemblance to it; and our own research has failed to find one.
The wrong of which the plaintiff complains is the digging up and cutting off of a lead pipe, through which water was brought to her house. She claims a right to the pipe and the water as an appurtenance to her house and land, which she holds under a deed of warranty from the defendant. The pipe was not…
2Cases cited1 opinion
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
3Cited by36 opinions
- Cave v. CraftsCalifornia Supreme Court · 1878
- Smith v. DenniffMontana Supreme Court · 1900
- Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Truc v. FieldMassachusetts Supreme Judicial Court · 1930
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