Turner v. Nye
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 5, 1889, to prevent the defendant from maintaining a dam across a creek flowing into Cataumet Harbor in Falmouth, in the county of Barnstable, and from flowing the plaintiffs’ land. Hearing before Mason, J., who ordered the bill to be dismissed. and, after an appeal had been taken by the plaintiffs to this court, made the following report of the facts.
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Bill in equity, filed in the Superior Court on September 5, 1889, to prevent the defendant from maintaining a dam across a creek flowing into Cataumet Harbor in Falmouth, in the county of Barnstable, and from flowing the plaintiffs’ land. Hearing before Mason, J., who ordered the bill to be dismissed. and, after an appeal had been taken by the plaintiffs to this court, made the following report of the facts. The plaintiffs were the owners of about three fourths of an acre of marsh land adjoining the creek above referred to; and the defendant had built the dam across the creek in question,…
1Opinion of the CourtMorton, J.
The plaintiffs do not rely upon the fact that the dam was partially constructed by the defendant before the passage of the St. of 1889, c. 383. The plaintiffs could not avail themselves of that fact in this suit. If the dam is maintainable under that statute, the plaintiffs would not be entitled to its abatement although it was partly erected without right. Ware v. Regent’s Canal Co. 3 DeG. & J. 212. And if they are entitled to damages for the technical violation of their rights, their remedy is at law. Washburn v. Miller, 117 Mass. 376. Nor do they rely upon the point suggested by the…
2Cases cited12 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
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3Cited by15 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
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- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
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