Ranlett v. City of Lowell
Massachusetts Supreme Judicial Court
Tort for injury caused by the overflowing of a common sewer into the plaintiff’s cellar and shop, through a drain connecting the cellar with the common sewer. At the trial in the Superior Court, before Aldrich, J., it appeared that the common sewer was built under the St. of 1869, c.
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Tort for injury caused by the overflowing of a common sewer into the plaintiff’s cellar and shop, through a drain connecting the cellar with the common sewer. At the trial in the Superior Court, before Aldrich, J., it appeared that the common sewer was built under the St. of 1869, c. Ill, in Dutton Street in Lowell in 1873, under the direction of the mayor and aldermen, the superintendent of streets having charge of the work; that at the time the sewer was built, Daniel H. Richardson was the owner of the estate on which the plaintiff’s premises now are; that Richardson is dead, and the…
1Opinion of the CourtAmes, J.
The sewer in question was constructed by the city of Lowell, under its lawful authority, not only for the proper drainage of the street, but also to furnish the means or opportunity for the drainage of the adjoining houses and building lots. It was the property of the city, and the city was bound to maintain and keep it in repair. Child v. Boston, 4 Allen, 41. St. 1869, c. 111. The owners of the adjoining estates were assessed for the reason that those estates were benefited and made more valuable by being furnished with the means or opportunity of securing suitable drainage. But, according…
2Cited by7 opinions
- Anton's of Reading, Inc. v. Town of ReadingMassachusetts Supreme Judicial Court · 1964
- Hill v. City of St. LouisSupreme Court of Missouri · 1900
- Sheehan v. City of FitchburgMassachusetts Supreme Judicial Court · 1881
- Breuck v. City of HolyokeMassachusetts Supreme Judicial Court · 1897
- Livingstone v. City of TauntonMassachusetts Supreme Judicial Court · 1892
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