Haverhill Savings Bank v. Griffin
Massachusetts Supreme Judicial Court
Bill in equity, filed August 17, 1901, to restrain the defendant from using and maintaining a drain from certain land on the east side of Auburn Street, in Haverhill, owned by the defendant, through land on the south side of Sixth Avenue in that city owned by the plaintiff, and praying that the plaintiff be authorized to close the portion of the drain upon its land. In the Superior Court Stevens, J. made a decree granting the relief prayed for; and the defendant appealed.
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Bill in equity, filed August 17, 1901, to restrain the defendant from using and maintaining a drain from certain land on the east side of Auburn Street, in Haverhill, owned by the defendant, through land on the south side of Sixth Avenue in that city owned by the plaintiff, and praying that the plaintiff be authorized to close the portion of the drain upon its land. In the Superior Court Stevens, J. made a decree granting the relief prayed for; and the defendant appealed. At the request of the defendant the judge reported the material facts found by him, in accordance with R. L. c. 159, § 23.…
1Opinion of the CourtBraley, J.
At the time the defendant obtained title to her land the drain was not in existence and the deed under which she holds is silent as to any right to lay and maintain such a drain through the land of the plaintiff. Neither does it appear that this alleged right whereby the defendant would be entitled to connect her premises with the public sewer, can be said to arise by implication. See in this connection Bumstead v. Cook, 169 Mass. 410.
The case falls within the well recognized general rule that where an easement is not set out in the instrument under which the party claiming the privilege…
2Cases cited6 opinions
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- White v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1892
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
- Bass v. EdwardsMassachusetts Supreme Judicial Court · 1879
- Murphy v. LeeMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Nelson v. BaconSupreme Court of Vermont · 1943
12 more not listed; retrieve them via the Exa API.