Stimson v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Tort for damages alleged to have been sustained by the plaintiff to his land situated on the bank of the Charles River, through the damming by the defendant of Long Ditch in Dedham, by reason of whioh the plaintiff alleged that the quantity of water in the Charles River was increased at the upper end of the ditch, and that the water was made higher on the land of the plaintiff, thus causing his land, about two miles below the entrance to Long Ditch as the river runs, to…
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Tort for damages alleged to have been sustained by the plaintiff to his land situated on the bank of the Charles River, through the damming by the defendant of Long Ditch in Dedham, by reason of whioh the plaintiff alleged that the quantity of water in the Charles River was increased at the upper end of the ditch, and that the water was made higher on the land of the plaintiff, thus causing his land, about two miles below the entrance to Long Ditch as the river runs, to become marshy and unfit for raising hay or pasturing cattle, and also partially destroying a roadway on the plaintiff’s…
1Opinion of the Court
Knowlton, C, J.
The evidence in this case tends to show that, at a place in Dedham called the Broad Meadows, there is a channel or depression along the surface of the ground, which is known as Long Ditch, in which there is more or less water. This ditch connects with the Charles River at each end. The river takes a very circuitous course, such that the distance between the ends of the ditch, measured by the curve and windings of the river, is six or eight miles, while the length of the ditch through the meadows is only about three quarters of a mile. The plaintiff is a riparian proprietor on…
2Cases cited7 opinions
- Blackwell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1877
- Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
- Weatherby v. MeiklejohnWisconsin Supreme Court · 1882
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Freeman v. WeeksMichigan Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Boone v. WilsonSupreme Court of Arkansas · 1916
- Kuklinska v. Maplewood Homes, Inc.Massachusetts Supreme Judicial Court · 1957
- Mitchell Drainage District v. Farmers Irrigation DistrictNebraska Supreme Court · 1934
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