Blaisdell v. Inhabitants of Stoneham
Massachusetts Supreme Judicial Court
Tort against the town of Stoneham for the alleged unlawful flooding of the plaintiff’s land on "Waverly Street in that town. Writ dated August 19, 1914. In the Superior Court the case was tried before Fessenden, J. The material facts shown by the evidence are stated in the opinion.
Read the full summary
Tort against the town of Stoneham for the alleged unlawful flooding of the plaintiff’s land on "Waverly Street in that town. Writ dated August 19, 1914. In the Superior Court the case was tried before Fessenden, J. The material facts shown by the evidence are stated in the opinion. The bill of exceptions contained the following statement: “It was agreed that the original basins, which caused the damage complained of, were put in by the town in or about the year 1907 although no vote specifically authorizing their installation appears in the town records.” At the close of the evidence the…
1Opinion of the CourtCarroll, J.
The plaintiff is the owner of real estate on the westerly side of Waverly Street in Stoneham. High Street is north of the plaintiff’s land. To the north and east of her property there is a rising grade for a distance of one half to three quarters of a mile; and a brook, flowing in a westerly direction through the lands of various owners into a culvert under Waverly Street, enters the plaintiff’s premises. Originally, the street drainage from Waverly and High Streets was carried through gutters on both sides of Waverly Street past the plaintiff’s estate to another brook on Elm Street. In 1907…
2Cases cited11 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Waldron v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Wishnewsky v. Town of SaugusMassachusetts Supreme Judicial Court · 1950
- Anglim v. City of BrocktonMassachusetts Supreme Judicial Court · 1932
- Bartol v. City of BostonMassachusetts Supreme Judicial Court · 1927
- Saperstein v. City of EverettMassachusetts Supreme Judicial Court · 1928
3 more not listed; retrieve them via the Exa API.