Rourke v. Central Massachusetts Electric Co.
Massachusetts Supreme Judicial Court
Complaint, for flowing lands under the mill act, Pub. Sts. c. 190. At the trial in the Superior Court, before Dewey, J., it appeared that the land of the plaintiff, including that damaged by percolation, consisted of from three to five acres (the evidence varying as to the precise amount), which was part of a tract of land lying between a highway on the south, from which the land was reached, and the bank of the river upon which the dam supporting the flashboards was erected…
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Complaint, for flowing lands under the mill act, Pub. Sts. c. 190. At the trial in the Superior Court, before Dewey, J., it appeared that the land of the plaintiff, including that damaged by percolation, consisted of from three to five acres (the evidence varying as to the precise amount), which was part of a tract of land lying between a highway on the south, from which the land was reached, and the bank of the river upon which the dam supporting the flashboards was erected on the north, containing some ten acres in addition to the amount flowed; and the entire tract was described in the…
1Opinion of the CourtMorton, J.
This is a complaint under the mill act for damages caused to land of the plaintiff by flowing and percolating water raised by the defendant’s dam. The land damaged by the percolation and flowage consisted of from three to five acres, and was part of a tract of land lying between a highway on the south and the river, where the dam was, on the north, 'and comprising about fifteen acres.
*48The plaintiff was allowed, against the objection of the defendant, to introduce testimony showing how much the entire tract of fifteen acres was damaged by the taking away of the part that was injured by…
2Cases cited2 opinions
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
- Fales v. Inhabitants of EasthamptonMassachusetts Supreme Judicial Court · 1894
3Cited by4 opinions
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
- Barnes v. CommonwealthMassachusetts Supreme Judicial Court · 1940
- Duncan v. New England Power Co.Massachusetts Supreme Judicial Court · 1916
- City of Ft. Worth v. BurgessCourt of Appeals of Texas · 1916