Legal Opinion

Kennison v. Inhabitants of Beverly

Massachusetts Supreme Judicial Court

Decided April 6, 1888PublishedCited by 16 opinions

Tort for damages caused by surface water, accumulated in a catch-basin in Bartlett Street in Beverly, percolating into the cellar of the plaintiff. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows.

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Tort for damages caused by surface water, accumulated in a catch-basin in Bartlett Street in Beverly, percolating into the cellar of the plaintiff. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows. The plaintiff testified that water ran into her cellar from the drain in front of her house a great deal every year after it was moved, fifteen years before, until since this action was commenced; that a large amount of water draining from a street called Cabot Street was collected in drains by the road-side, and conducted into other drains by…

1Opinion of the CourtField, J.

The plaintiff complains that her land is injured by surface water, which is collected in drains or gutters by the sides of streets, and is thereby conducted into a pit, or catch-basin, on the side of Bartlett Street, directly opposite to her house, and from eight to ten feet therefrom, whence the water passes “ through the soil and the wall into her cellar.” There was evidence that this catch-basin was constructed with “its sides made of loose rocks uncemented,” and that a “ small pipe under ground was its only outlet,” and that this was “completely choked up with sticks and leaves.” The…

2Cases cited2 opinions

  1. Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
  2. Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870

3Cited by16 opinions

  1. Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
  2. Tucker v. BadoianMassachusetts Supreme Judicial Court · 1978
  3. DeSanctis v. Lynn Water & Sewer CommissionMassachusetts Supreme Judicial Court · 1996
  4. Galluzzi v. City of BeverlyMassachusetts Supreme Judicial Court · 1941
  5. Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909

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