Brady v. Blackinton
Massachusetts Supreme Judicial Court
Tort, brought originally by Philip Brady, and, after his decease, prosecuted by the executor of his will, for flowing certain lands of the testate in Attleborough. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, brought originally by Philip Brady, and, after his decease, prosecuted by the executor of his will, for flowing certain lands of the testate in Attleborough. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The defendant claims by mesne conveyances under two deeds from George Bliss to William Blackinton and Willard Blackinton, each dated January 28, 1848, and the first of which conveyed “ a certain tract of land with the gun-shop privilege thereon, . . . bounded as follows ... by the pond at high water mark . . . the high water…
1Opinion of the CourtHammond, J.
In order to maintain this action at common law it is necessary for the plaintiff to show that the height of the defendant’s dam has been fixed by a verdict, or an award or an agreement clearly intended as a substitute for proceedings under the mill act. Pub. Sts. c. 190, §§ 1, 4, 28. Leonard v. Wading River Reservoir, 113 Mass. 235. Brady v. Blackin*562ton, 113 Mass. 238. The plaintiff concedes that there has been no verdict nor award, but he contends that the height to which the defendant had a right to flow under the mill act as well as under the deeds was fixed and determined by the paper…
2Cases cited3 opinions
- Brady v. BlackintonMassachusetts Supreme Judicial Court · 1873
- Isele v. SchwambMassachusetts Supreme Judicial Court · 1881
- Leonard v. Wading River Reservoir Co.Massachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Davenport v. BroadhurstMassachusetts Appeals Court · 1980
- Lombardi v. BaileyMassachusetts Supreme Judicial Court · 1958