Nye v. Swift
Massachusetts Supreme Judicial Court
Tort for unlawfully flowing the land of the plaintiff in the manner stated in the opinion. Writ dated August 14, 1896. In the Superior Court the case was referred to George F. Tucker, Esquire, as auditor. Later the case was heard by White, J. upon the auditor’s report which was the only evidence presented. The material facts shown by the report are stated in the opinion. The defendants asked the judge to rule that on those facts the action could not be maintained.
Read the full summary
Tort for unlawfully flowing the land of the plaintiff in the manner stated in the opinion. Writ dated August 14, 1896. In the Superior Court the case was referred to George F. Tucker, Esquire, as auditor. Later the case was heard by White, J. upon the auditor’s report which was the only evidence presented. The material facts shown by the report are stated in the opinion. The defendants asked the judge to rule that on those facts the action could not be maintained. The judge refused to make this ruling, and found for the plaintiff, assessing damages in the sum of $944.06. The defendants…
1Opinion of the CourtSheldon, J.
This is an action of tort brought to recover damages for the flowing of the plaintiff’s land by the defendants. At the trial in the Superior Court, the only evidence offered was the report of an auditor; and the only question *145which comes before us is whether upon the facts stated in that report the action can be maintained.
It appears from the report that in 1895 the defendants owned cranberry bogs upon each side of a stream just above a pond into which the stream ran, and the plaintiff owned a bog immediately below one of the defendants’ bogs situated on one side of the pond, and another bog…
2Cases cited6 opinions
- Smith v. FaxonMassachusetts Supreme Judicial Court · 1892
- Fitzpatrick v. WelchMassachusetts Supreme Judicial Court · 1899
- Howes v. GrushMassachusetts Supreme Judicial Court · 1881
- Turner v. NyeMassachusetts Supreme Judicial Court · 1891
- Hinckley v. NickersonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Deyo v. Athol Housing AuthorityMassachusetts Supreme Judicial Court · 1957
- Sturtevant v. FordMassachusetts Supreme Judicial Court · 1932
- Mahoney v. BarrowsMassachusetts Supreme Judicial Court · 1922
- Miller v. DarbyMassachusetts Supreme Judicial Court · 1957
1 more not listed; retrieve them via the Exa API.