Bryant v. Bigelow Carpet Co.
Massachusetts Supreme Judicial Court
Tort against the Bigelow Carpet Company and the Worcester and Nashua Railroad Company. The declaration, as amended, alleged that the plaintiffs were seised in fee and were in possession of a certain parcel of land, (described by metes and bounds,) in Clinton in the county of Worcester, together with the tannery, vats and other structures thereon; that the first-named defendant, in order to form a reservoir for its own use, constructed and maintained a dam across a small…
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Tort against the Bigelow Carpet Company and the Worcester and Nashua Railroad Company. The declaration, as amended, alleged that the plaintiffs were seised in fee and were in possession of a certain parcel of land, (described by metes and bounds,) in Clinton in the county of Worcester, together with the tannery, vats and other structures thereon; that the first-named defendant, in order to form a reservoir for its own use, constructed and maintained a dam across a small natural stream of water on land in Clinton, situated southerly of the plaintiffs’ land, and not adjoining the same, whereby…
1Opinion of the CourtMorton, J.
In considering this case we must assume as established the facts found by the auditors. In order to intelligently discuss the questions of law raised, it seems necessary to make a statement of the principal facts.
*496Prior to 1845, the Clinton Company, predecessors in title to the Bigelow Carpet Company, owned and occupied for manufacturing purposes a mill-site and dam upon South Meadow Brook, in Clinton, at the easterly end of a pond, flowed by the dam, known as Clinton Pond. Northerly of Clinton Pond was another pond called Mossy Pond, which was a self-contained pond without inlet or outlet,…
2Cases cited1 opinion
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
3Cited by19 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- City of Kansas City v. SlangstromSupreme Court of Kansas · 1894
- Bratton v. RudnickMassachusetts Supreme Judicial Court · 1933
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