Fowle v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Tort. Writ dated February 5, 1870. The declaration alleged that the plaintiff “is the owner of a certain parcel of land situate in Northampton, bounded northerly by lands of the defendants, easterly by Pleasant Street, southerly by lands of the heirs of the late George Cook, and westerly by Mill River ; that the said Mill River is a certain ancient stream and watercourse • and that the defendants have wrongfully so constructed their road-bed and road along the bank of the…
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Tort. Writ dated February 5, 1870. The declaration alleged that the plaintiff “is the owner of a certain parcel of land situate in Northampton, bounded northerly by lands of the defendants, easterly by Pleasant Street, southerly by lands of the heirs of the late George Cook, and westerly by Mill River ; that the said Mill River is a certain ancient stream and watercourse • and that the defendants have wrongfully so constructed their road-bed and road along the bank of the said river, and in, over and across the bed of the said river, and have so filled up with earth, stones and other…
1Opinion of the CourtGbay, J.
The embankment of the defendants was a permanent structure, which, without any further act except keeping it in repair, must continue to turn the current of the river in such a manner as gradually to wash away the plaintiff’s land. For this injury the plaintiff might recover in one action entire damages, not limited to those which had been actually suffered at the *355date of the writ. And the judgment in one such action is a bar to another like action between the parties for subsequent injuries from the same cause. Troy v. Cheshire Railroad Co. 3 Foster, 83. Warner v. Bacon, 8 Gray, 397, 402,…
2Cases cited2 opinions
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
3Cited by28 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891
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