Proctor v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for setting back the waters of Bridge Creek upon the plaintiff’s premises. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the plaintiff’s premises were injured by the defendant’s replacing a culvert across its road-bed by a pipe which was insufficient to carry off the waters of the creek, and caused them to overflow the same.
Read the full summary
Tort, for setting back the waters of Bridge Creek upon the plaintiff’s premises. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the plaintiff’s premises were injured by the defendant’s replacing a culvert across its road-bed by a pipe which was insufficient to carry off the waters of the creek, and caused them to overflow the same. The defendant offered evidence tending to show that the culvert was filled up and the pipe substituted at the request of the plaintiff’s predecessor in title, and…
1Opinion of the CourtAllen, J.
The plaintiff testified that he had numerous interviews with the president, general manager, and division superintendent of the defendant company, concerning his damages caused by the setting back of the waters of Bridge Creek upon his premises; and then sought to show that in the discussions which took place between him and them they did not deny the defendant’s liability for damages. There was no objection on the ground that these officers were not authorized to speak for the defendant upon the subject, but the court excluded the questions on the ground that the conversations, and not the…
2Cases cited7 opinions
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Rosenbury v. AngellMichigan Supreme Court · 1859
- Cheney v. GleasonMassachusetts Supreme Judicial Court · 1878
- Huntsman v. NicholsMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Wilson v. GraceMassachusetts Supreme Judicial Court · 1930
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- State v. . JacksonSupreme Court of North Carolina · 1909
6 more not listed; retrieve them via the Exa API.