Collins v. City of Waltham
Massachusetts Supreme Judicial Court
Tout for damages caused by surface water overflowing the gutters of a street in the defendant city, and flowing thence over intervening land upon that of the plaintiff. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts as follows, Newton Street in the defendant city is an ancient way, running northerly across a railroad to Charles River.
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Tout for damages caused by surface water overflowing the gutters of a street in the defendant city, and flowing thence over intervening land upon that of the plaintiff. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts as follows, Newton Street in the defendant city is an ancient way, running northerly across a railroad to Charles River. Benefit Street, a private way, leads off from Newton Street at a right angle to the west, between the railroad and the river. The plaintiff’s land is situated on the north side of…
1Opinion of the CourtHolmes, J.
This case is presented on agreed facts. The only question is whether they require a judgment for the plaintiff as matter of law. No inferences of fact can be drawn. Old Colony Railroad v. Wilder, 137 Mass. 536, 538. Mayhew v. Durfee, 138 Mass. 584.
It is agreed that surface water flows down a series of streets into Newton Street, by the open street gutters, and thence overflows adjoining lands. But these streets are substantially at the grade of the surrounding land, although somebody within twenty-five years has changed the grade of the land over which they run, so that the direction of the…
2Cases cited9 opinions
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Curtis v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Kennison v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
- Sheehan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Rand v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
13 more not listed; retrieve them via the Exa API.