Cremidas v. Fenton
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 16, 1914, by the owner and occupant of a cottage house numbered 10 on Marianna Street in Lynn against manufacturers of mattresses maintaining a factory numbered 211 on Fayette Street in Lynn in the rear of and adjoining the plaintiff’s premises, to restrain the defendants from continuing an alleged nuisance of noise and vibration injurious to the plaintiff and his family and for damages.
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Bill in equity, filed in the Superior Court on September 16, 1914, by the owner and occupant of a cottage house numbered 10 on Marianna Street in Lynn against manufacturers of mattresses maintaining a factory numbered 211 on Fayette Street in Lynn in the rear of and adjoining the plaintiff’s premises, to restrain the defendants from continuing an alleged nuisance of noise and vibration injurious to the plaintiff and his family and for damages. The case was referred to a master, who filed a report in which he made the findings stated in the opinion, and found that the defendants were…
1Opinion of the CourtBraley, J.
The master not having been ordered to report the evidence, his findings of fact are final. Taber v. Breck, 192 Mass. 355. But, as he found "that the defendants are committing no nuisance in the operation of the machinery in their factory and that the plaintiff is not entitled to the relief sought,” the plaintiff excepted to the master’s report on the ground that this result is not sustained by the facts reported.
It appears that the neighborhood where the plaintiff’s house and the defendants’ factory are located is grouped around the edge of what was formerly known as “bog meadow,” covering…
2Cases cited4 opinions
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Wade v. MillerMassachusetts Supreme Judicial Court · 1905
- Taber v. BreckMassachusetts Supreme Judicial Court · 1906
- MacNamara v. TaftMassachusetts Supreme Judicial Court · 1907
3Cited by6 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- State Ex Rel. Bond v. Consolidated Gas, Electric Light & Power Co.Court of Appeals of Maryland · 1924
- Cumberland Corp. v. MetropoulosMassachusetts Supreme Judicial Court · 1922
- Strachan v. Beacon Oil Co.Massachusetts Supreme Judicial Court · 1925
- Stevens v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1921
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