Shaughnessey v. Leary
Massachusetts Supreme Judicial Court
Bill in equity, to restrain the defendant from preventing the plaintiff from using and repairing a drain which ran through fche defendant’s land. Trial in the Superior Court, before Hammond, J., who reported the case for the consideration of this court, in substance as follows.
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Bill in equity, to restrain the defendant from preventing the plaintiff from using and repairing a drain which ran through fche defendant’s land. Trial in the Superior Court, before Hammond, J., who reported the case for the consideration of this court, in substance as follows. By deed dated April 6, 1866, one Bowker conveyed to the plaintiff an estate in East Boston, described as follows: “ Northwesterly by Lot 210, thirty-six feet (36 ft.) ; northeasterly by lot No. 1, on a plan hereinafter mentioned, seventeen feet, two and one half inches (17 ft. 2£ in.) ; southeasterly on lot No. 8, on…
1Opinion of the CourtHolmes, J.
The fact set forth in the report warranted a finding that the plaintiff had acquired a right by prescription to use the drain for waste water, excluding water-closet drainage, as it had been used for more than twenty years. The wooden drain has been there from 1866. The laying of an earthen drain inside the wooden one, taken by itself, did not interrupt the running of time in favor of the plaintiff. The fact that this was done at joint expense has no greater effect as matter of law. The owner of the now servient tenement may have joined, as well because he yielded to a paramount claim, as on…
2Cases cited5 opinions
- Baldwin v. CalkinsNew York Supreme Court · 1833
- Harris v. HarrisMassachusetts Supreme Judicial Court · 1891
- May v. GatesMassachusetts Supreme Judicial Court · 1884
- Johnson v. KnappMassachusetts Supreme Judicial Court · 1888
- Moors v. WashburnMassachusetts Supreme Judicial Court · 1893
3Cited by7 opinions
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Winnisimmet Trust, Inc. v. LibbyMassachusetts Supreme Judicial Court · 1919
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1910
- Cranberry Creek Drainage District v. Elm Lake Cranberry Co.Wisconsin Supreme Court · 1920
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