Eidt v. Cutter
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff’s house and fence, alleged to have been caused by the fumes, vapors and gases, escaping from tile defendants’ copperas works, and discoloring the paint on the house and fence.
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Tort for injuries to the plaintiff’s house and fence, alleged to have been caused by the fumes, vapors and gases, escaping from tile defendants’ copperas works, and discoloring the paint on the house and fence. At the trial in the Superior Court, before Dewey, J., it appeared that the premises of the parties were in the southerly part of the city of Worcester, and in close proximity to an open sewer maintained by the city; and there was evidence tending to show ✓m this sewer, and from the piles of filth dug from it and . on its banks, there were foul exhalations of gases contain!, ammoniacal…
1Opinion of the Court
By the Court.
The question in controversy, and upon which both parties had introduced the testimony of experts, was whether the injury to the plaintiff’s house was caused by the fumes and gases from the defendant’s works, or by the emanations from a sewer. The grounds and reasons of the opinions of the experts, including the détails of experiments made by them under conditions and circumstances which, as they testified, were as nearly as possible like those surrounding the plaintiff’s house in the absence of the sewer, were rightly permitted to be stated by the experts, in order to assist the…
2Cases cited2 opinions
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- Williams v. City of TauntonMassachusetts Supreme Judicial Court · 1878
3Cited by19 opinions
- People v. Woon Tuck WoCalifornia Supreme Court · 1898
- Lake Erie & Western Railroad v. MuggIndiana Supreme Court · 1892
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1892
- Tackman v. Brotherhood of American YeomanSupreme Court of Iowa · 1906
- Chicago, St. Louis & Pittsburgh Railroad v. ChampionIndiana Court of Appeals · 1894
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