Brayton v. City of Fall River
Massachusetts Supreme Judicial Court
Tort. The declaration contained three counts. The first was as follows: “ And the plaintiff says he is the owner of a certain wharf with a dock appurtenant thereto, situate on Fall River Creek, so called, in Fall River, bounded,” &c., “ and that he is entitled to use, maintain, and enjoy the same with its appurtenances, and that the defendants by means of large drains or sewers turned, directed, and caused to be emptied into said Fall River Creek and the Fall River Stream…
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Tort. The declaration contained three counts. The first was as follows: “ And the plaintiff says he is the owner of a certain wharf with a dock appurtenant thereto, situate on Fall River Creek, so called, in Fall River, bounded,” &c., “ and that he is entitled to use, maintain, and enjoy the same with its appurtenances, and that the defendants by means of large drains or sewers turned, directed, and caused to be emptied into said Fall River Creek and the Fall River Stream emptying into the same a very short distance above the plaintiff’s said dock and wharf large quantities of gravel, sand,…
1Opinion of the CourtMorton, J.
As the presiding judge directed a verdict for the defendants, we must, for the purposes of this hearing, assume an *226established all the facts in favor of the plaintiff which the jury would be warranted in finding upon the evidence.
There was evidence tending to show that the plaintiff is the owner of a wharf and adjoining land, situated upon a creek in which the tide ebbs and flows, and which is the outlet of a natural stream flowing from the Watuppa ponds to the sea; that before the commencement of this suit, the city of Fall River had constructed a system of drains or sewers by which the…
2Cases cited3 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Richardson v. City of BostonSupreme Court of the United States · 1857
3Cited by55 opinions
- Scranton v. WheelerSupreme Court of the United States · 1900
- Stop & Shop Companies, Inc. v. FisherMassachusetts Supreme Judicial Court · 1983
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Blackwell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1877
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