Merrifield v. City of Worcester
Massachusetts Supreme Judicial Court
Tort. Writ dated April 5, 1871. The declaration alleged that the plaintiff was seised and possessed of a lot of land on both sides of Mill Brook, so called, in Worcester, with a machine shop thereon, fitted up with a large steam-engine and boilers for the . purpose of furnishing steam-power to the tenants of his said machine shop; that he had a right to have the water of the brook flow pure and uncorrupted, such water in a pure condition being absolutely essential to the…
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Tort. Writ dated April 5, 1871. The declaration alleged that the plaintiff was seised and possessed of a lot of land on both sides of Mill Brook, so called, in Worcester, with a machine shop thereon, fitted up with a large steam-engine and boilers for the . purpose of furnishing steam-power to the tenants of his said machine shop; that he had a right to have the water of the brook flow pure and uncorrupted, such water in a pure condition being absolutely essential to the carrying on of his works; that the defendants, on April 5, 1861, and on divers days and times since, “ wrongfully and…
1Opinion of the CourtWells, J.
The plaintiff sues for an alleged violation of his rights as a riparian proprietor upon a small natural stream run ning through the city of Worcester, near its centre. The injury complained of is that of polluting its water, so as to render it unfit for mechanical and other uses, to which he has been accustomed co apply it. He alleges generally that the defendant, in 1861, and on divers days and times since, has cast, and caused to be 'vast, carried and deposited into said brook, above the plaintiff’s works, “ great quantities of filth, dirt, gravel, refuse material, matters discharged from…
2Cases cited3 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
3Cited by70 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
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