Neponset Reservoir Corp. v. Bashaw

The plaintiff, Neponset Reservoir Corporation (Neponset), sought injunctive relief and damages on the basis that the defendant, John M. Bashaw, trustee of the Willett-Bashaw Trust (the trust), was discharging surface waters from a drainage pipe onto the plaintiffs land. The plaintiff predicated its request for relief on two theories: (1) that the defendant had constructed a drainage pipe which encroached on the plaintiffs land, thereby constituting a trespass, and (2) that the defendant’s drainage system artificially channeled surface water onto Neponset’s land. After trial, a judge of the…