Jackman v. Mills
Massachusetts Supreme Judicial Court
Tort, for increasing the water supply of a brook, which was a natural watercourse, and .which rose in and ran through land of the defendant to and through the plaintiff’s premises, and for polluting the waters of the same.
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Tort, for increasing the water supply of a brook, which was a natural watercourse, and .which rose in and ran through land of the defendant to and through the plaintiff’s premises, and for polluting the waters of the same. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: In 1882, the defendant built four cesspools in private ways on its own land, and from them laid drain pipes to a ten-inch pipe which emptied into a ditch on the defendant’s land. This ditch connected with the brook at a point nearly five hundred feet from the land…
1Opinion of the CourtField, J.
Of the requests for instructions by the defendant, the fourth and fifth relate to the pollution of the water, and the first and second to the increase in volume of the water in the watercourse.
The defendant waived at the argument the exception to the refusal to give the third instruction requested. It is manifest *283that the fifth instruction requested ought not to have been given, and the instructions given in place of it seem to be correct. As to the fourth request, the houses, drains, and wells were constructed and owned by the defendant, and were adapted to be used and intended to be used by…
2Cases cited9 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Curry v. PorterMassachusetts Supreme Judicial Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- North Dakota v. MinnesotaSupreme Court of the United States · 1923
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
26 more not listed; retrieve them via the Exa API.