Legal Opinion

McGenness v. Adriatic Mills

Massachusetts Supreme Judicial Court

Decided October 24, 1874PublishedCited by 20 opinions

Tort for a nuisance. Writ dated August 15, 1872. The plaintiff by an amended count to his declaration, which was the one relied on at the trial, alleged that from January 1, 1867, to the date of the writ he was the owner of a certain parcel of land with a dwelling-house thereon, and that the defendant, a corporation, had “ created, continued and maintained a nuisance on the land of the plaintiff, to wit: a box drain extending from the mill and premises of the defendant…

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Tort for a nuisance. Writ dated August 15, 1872. The plaintiff by an amended count to his declaration, which was the one relied on at the trial, alleged that from January 1, 1867, to the date of the writ he was the owner of a certain parcel of land with a dwelling-house thereon, and that the defendant, a corporation, had “ created, continued and maintained a nuisance on the land of the plaintiff, to wit: a box drain extending from the mill and premises of the defendant corporation, through which the defendant conveys to and upon the land of the plaintiff filthy and polluted water.” At the…

1Opinion of the CourtDevens, J.

It is argued for the defendant that the evidence offered by the plaintiff wholly fails to sustain the amended count in the declaration, which was the one relied on, and which alleges a nuisance caused by erecting and maintaining a box drain and emptying filthy water by means of it upon the plaintiff’s estate. The allegation of a nuisance as charged is however sustained by the proof, notwithstanding the water conducted through the box drain may be the water of a natural stream, which, before it was thus confined, was accustomed to flow between the lands of the plaintiff and of another, which…

2Cited by20 opinions

  1. Xenia Bank v. StewartSupreme Court of the United States · 1885
  2. St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
  3. Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
  4. Woronka v. SewallMassachusetts Supreme Judicial Court · 1946
  5. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903

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