Emery v. City of Lowell
Massachusetts Supreme Judicial Court
Tobt. The declaration, as amended, contained the following two counts: 1. “ And the plaintiff says that he is the owner of a private drain running from the cellar of his house on Merrimack Street in Lowell under and across the street aforesaid, which he used for the purpose of draining the cellar under his said house; that the defendants entered a drain from the gutters of said street into the plaintiff’s drain, and built the same in such an unskilful and careless manner…
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Tobt. The declaration, as amended, contained the following two counts: 1. “ And the plaintiff says that he is the owner of a private drain running from the cellar of his house on Merrimack Street in Lowell under and across the street aforesaid, which he used for the purpose of draining the cellar under his said house; that the defendants entered a drain from the gutters of said street into the plaintiff’s drain, and built the same in such an unskilful and careless manner that the sand and dirt were carried into the plaintiff’s drain thereby, and choked the same up, and forced the water back…
1Opinion of the CourtGray, J.
When this case was before us at a former stage, it was held that under the amended declaration the city was liable to the plaintiff for damages caused to his estate by the improper construction of the drain by the city, as well as by its neglect to keep the drain in proper repair. 104 Mass. 13.
At the second trial, there was evidence tending to show that the subsequent change by the Proprietors of Locks and Canals in the grade of the drain was made by authority from the city ; and it was rightly ruled that, if the plaintiff merely assented to a change made therein by such authority, the city…
2Cases cited1 opinion
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
3Cited by20 opinions
- City of Norwood v. SheenOhio Supreme Court · 1933
- Swift v. BroylesSupreme Court of Georgia · 1902
- Riblet v. Spokane-Portland Cement Co.Washington Supreme Court · 1954
- Millett v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1920
- Farley v. Gate City Gas Light Co.Supreme Court of Georgia · 1898
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