Davenport v. Town of Danvers

These are appeals from an interlocutory decree sustaining a demurrer to a bill in equity and from a final decree dismissing the bill. Since the commencement of the suit the original plaintiff has died and the appeals are now prosecuted by his executor. It is alleged in the bill that the plaintiff owned land in Middleton and the de fendant adjacent land to the south; that in 1950 the defendant caused a dam and pumping station to be built on its land and across a nonnavigable brook called Emerson Brook; that this brook ran first through the plaintiff’s land and then through the defendant’s…