Buckley v. City of New Bedford
Massachusetts Supreme Judicial Court
Tort, for flowing the plaintiff’s cellar through a drain connecting with a common sewer in Acushnet Avenue in the defendant city. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court, in substance as follows. There was evidence tending to show the following facts.
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Tort, for flowing the plaintiff’s cellar through a drain connecting with a common sewer in Acushnet Avenue in the defendant city. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court, in substance as follows. There was evidence tending to show the following facts. The plaintiff’s premises were situated on Acushnet Avenue, in a section of the city drained by the Willis Street sewer system, so called, which it was admitted was the property of the city. Acushnet Avenue ran from north to south at the foot of a hill past the ends of Sycamore…
1Opinion of the CourtHolmes, J.
This is an action of tort to recover damages against the city of New Bedford for having created a nuisance on the plaintiff’s land. The plaintiff’s case was that the defendant constructed a system of sewers with so narrow an outlet that the sewage and the waters of a natural stream which were taken into the sewer were set back, and when the plaintiff- entered his drain into the sewer his cellar was overflowed through his drain. As we understand the report, the size of the outlet of the sewer was fixed by the mayor and aldermen at the time of the construction. The judge below ruled that the…
2Cases cited7 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
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3Cited by10 opinions
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- Pevear v. City of LynnMassachusetts Supreme Judicial Court · 1924
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