Gannon v. Hargadon
Massachusetts Supreme Judicial Court
Tort to recover damages for turning a stream of water so that it flowed upon the plaintiff’s close in West Newton. At the trial in the superior court, before Brigham, J., the evidence tended to show that the defendant owned a lot of land lying to the west of the plaintiff’s ; that along the easterly line of the defendant’s lot there was a way, which extended further to the north ; that on the west side of the way, and north of the defendant’s lot, a ditch was dug in 1863…
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Tort to recover damages for turning a stream of water so that it flowed upon the plaintiff’s close in West Newton. At the trial in the superior court, before Brigham, J., the evidence tended to show that the defendant owned a lot of land lying to the west of the plaintiff’s ; that along the easterly line of the defendant’s lot there was a way, which extended further to the north ; that on the west side of the way, and north of the defendant’s lot, a ditch was dug in 1863 which extended down to within a few feet of the defendant’s lot; that a few feet be low the northerly line of the…
1Opinion of the CourtBigelow, C. J.
It seems to us that the instructions for which the defendant asked should have been given, and that those under which the case was submitted to the jury were not in accordance with the principles recognized and adopted in cases recently adjudicated by this court. The right of an owner of land to occupy and improve it in such manner and for such purposes as he may see fit, either by changing the surface or the erection of buildings or other structures thereon, is not restricted or modified by the fact that his own land is so situated with reference to that of adjoining owners that an…
2Cited by10 opinions
- Rodrigues v. StateHawaii Supreme Court · 1970
- Romine v. GagleIndiana Court of Appeals · 2003
- State v. DeetzWisconsin Supreme Court · 1974
- Butler v. BrunoSupreme Court of Rhode Island · 1975
- Philadelphia, Wilmington & Baltimore Railroad v. DavisCourt of Appeals of Maryland · 1888
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