Fowle v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Tort for damage caused by the construction of the defendants’ road-bed in such a manner as to turn the current of Mill River, in Northampton, against the plaintiff’s land, thereby causing the washing away of the soil.
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Tort for damage caused by the construction of the defendants’ road-bed in such a manner as to turn the current of Mill River, in Northampton, against the plaintiff’s land, thereby causing the washing away of the soil. After the defendants’ exceptions were sustained, as reported 107 Mass. 352, the action was again tried in the Superior Court, before Brigham, C. J., when the plaintiff offered evidence that the defendants, about the year 1855, constructed their railroad along the north bank of Mill River, in Northampton, on piles; that the row of piles nearest the river-bed was driven just…
1Opinion of the CourtColt, J.
The injury for which the plaintiff seeks to recover damages is caused by the erection of a permanent embankment along the margin of Mill River, by which the current of that stream is at times thrown upon his land. The embankment was constructed by the defendant corporation under its chartered powers for the support of tracks which were originally built upon piles.
The defendant relies upon the record of a former judgment between these parties as a bar to this action. The judgment was upon a declaration precisely similar in its allegations to those here made, except that a less quantity of soil…
2Cases cited1 opinion
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
3Cited by48 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
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