Bacon v. City of Boston
Massachusetts Supreme Judicial Court
Two actions OE TORT, to recover damages alleged to have been caused to the plaintiff’s estate for two successive periods of time between December, 1881, and September, 1884, by offensive odors and filthy percolations through the soil. The cases were tried together in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows.
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Two actions OE TORT, to recover damages alleged to have been caused to the plaintiff’s estate for two successive periods of time between December, 1881, and September, 1884, by offensive odors and filthy percolations through the soil. The cases were tried together in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows. It appeared from the plaintiff’s- evidence that he was the owner of an estate in Winchester, worth from $25,000 to $40,000, upon which were a dwelling-house and factory for the manufacture of woollen goods; that the city of Boston,…
1Opinion of the CourtAllen, J.
The St. of 1881, c. 303, § 3, by its true construction, does not authorize the city of Boston to create the nuisance to the plaintiff’s land for which he seeks to recover damages. For purposes beneficial to the water supply of Boston, the city was authorized to take such lands in Woburn or Winchester, on or near the line of a sewer, as it should deem necessary, and construct works in order to treat sewage, and free it from noxious and offensive matter and properties. The selection *102of the lands to be taken, within the prescribed limits, was left to the city. It does not appear that it was…
2Cases cited5 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
- Cogswell v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1886
- Boston Belting Co. v. City of BostonMassachusetts Supreme Judicial Court · 1889
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- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Boston Belting Co. v. City of BostonMassachusetts Supreme Judicial Court · 1903
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