Maynard v. Carey Construction Co.

This suit, originally brought against the city of Fall River as well as The Carey Construction Company for injunctive relief against an alleged nuisance and also for damages, is now, after the cessation of the nuisance, prosecuted against the construction company alone for the recovery of damages.

The defendant is the owner of an abandoned quarry “of considerable area and great depth,” located in a sparsely settled section near the boundary of the built-up portion of the city. Prior to 1927 this quarry had been used as a dump. In 1927 the defendant gave the city’s superintend*531ent of streets…