Dupuis v. City of Fall River
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 18, 1912, by Rose D. Dupuis and the Grocer’s Supply Company, Ltd., a corporation, against the city of Fall River, seeking an injunction restraining the defendant from maintaining a system of sand catchers and drain pipes to divert, or from diverting in any other way, surface water from its natural course in Eastern Avenue and other streets in that city over and upon the premises of the plaintiffs, and praying also for…
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Bill in equity, filed in the Superior Court on December 18, 1912, by Rose D. Dupuis and the Grocer’s Supply Company, Ltd., a corporation, against the city of Fall River, seeking an injunction restraining the defendant from maintaining a system of sand catchers and drain pipes to divert, or from diverting in any other way, surface water from its natural course in Eastern Avenue and other streets in that city over and upon the premises of the plaintiffs, and praying also for damages arising from the alleged unlawful diversion of such surface water. In the Superior Court the case was heard by…
1Opinion of the CourtRugg, C. J.
This is a suit in equity whereby the plaintiffs seek to restrain the defendant from causing water to overflow from a highway upon their premises, and for damages. The material facts have been found by a master, as follows: The plain*74tiffs’ premises are located on Eastern Avenue near its junction with Pleasant Street in Fall River. A natural brook drained a swamp and crossed Eastern Avenue at a place distant several hundred feet from Pleasant Street, and flowed into a pond. More than twenty years before this suit was brought- that brook was filled and a pipe laid across Eastern Avenue in the…
2Cases cited15 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Wishnewsky v. Town of SaugusMassachusetts Supreme Judicial Court · 1950
10 more not listed; retrieve them via the Exa API.