Miller v. Darby

This is an appeal from a final decree dismissing a bill seeking an injunction restraining the defendants from discharging water upon the plaintiff’s premises and for damages. A master’s report was confirmed.

The plaintiff is the owner of one undivided half interest in a parcel of land, triangular in form, bounded westerly by Dascomb Road, southeasterly by Bannister Road, and northerly by land of one Murray. The dwelling erected upon this parcel is about one hundred years old and has been occupied by the plaintiff for more than sixty years. There is a cellar with a dirt floor under a part of…