Johnson v. City of Somerville
Massachusetts Supreme Judicial Court
Tort for damage to the land of the plaintiff alleged in the declaration to have been caused by the unlawful filling up of a natural watercourse on adjacent land by the agents or servants of the defendant, whereby water was caused to percolate through the soil into a cellar on the land of the plaintiff. Writ in the Superior Court for the county of Middlesex dated April 16,1908. There was a trial before Aiken, C. J. The material facts are stated in the opinion.
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Tort for damage to the land of the plaintiff alleged in the declaration to have been caused by the unlawful filling up of a natural watercourse on adjacent land by the agents or servants of the defendant, whereby water was caused to percolate through the soil into a cellar on the land of the plaintiff. Writ in the Superior Court for the county of Middlesex dated April 16,1908. There was a trial before Aiken, C. J. The material facts are stated in the opinion. At the close of the evidence, the defendant having requested a ruling as to each count of the declaration that upon all the evidence…
1Opinion of the CourtLoring, J.
This case comes up on a report after a verdict for the plaintiff.
What the plaintiff complained of in this action was that his cellar was flooded because of ashes being dumped into a watercourse on the next lot of land owned by the heirs of Mary C. Gurney. The jury must be taken to have found that there was a watercourse on the next lot, and that the plaintiff’s cellar was flooded by reason of the dumping of ashes into such watercourse.
The question left open under the report is whether on any aspect of the evidence the jury were warranted in finding that the defendant city was liable.
It…
2Cases cited38 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
33 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Kurtigian v. City of WorcesterMassachusetts Supreme Judicial Court · 1965
37 more not listed; retrieve them via the Exa API.