Inhabitants of Melrose v. Hiland
Massachusetts Supreme Judicial Court
Contract, to recover the amount expended by the plaintiff town, at the defendant’s request, in removing obstructions in a common drain called Ell Pond Brook upon the defendant’s premises, in raising and supporting a building thereon, and in widening the culvert thereunder. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows.
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Contract, to recover the amount expended by the plaintiff town, at the defendant’s request, in removing obstructions in a common drain called Ell Pond Brook upon the defendant’s premises, in raising and supporting a building thereon, and in widening the culvert thereunder. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows. Evidence was introduced by the plaintiff tending to show that the county commissioners of Middlesex, under and by virtue of St. 1869, c. 378, and St. 1870, c. 228, which acts, it was admitted,…
1Opinion of the CourtAllen, J.
1. The defendant contends that the town had no power to widen the drain or clear it from obstructions, because it was upon private land, and outside the limits of any highway. We cannot see how this fact makes any difference. Drains may be laid through private lands, as well as in highways. St. 1869, c. 111, § 1. Pub. Sts. c. 50, § 1. If a common drain runs through private land, the power and duty of the town to repair it are the same as if it were in a highway. Bates v. Westborough, 151 Mass. 174. Such power and duty might even be made to extend beyond the limits of the town. Commonwealth v.…
2Cases cited12 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- City of Coldwater v. TuckerMichigan Supreme Court · 1877
- Murphy v. City of LowellMassachusetts Supreme Judicial Court · 1878
- City of Springfield v. HarrisMassachusetts Supreme Judicial Court · 1871
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3Cited by5 opinions
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
- Diamond v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1914
- O'Hearn v. Town of AdamsMassachusetts Supreme Judicial Court · 1934
- City of Worcester v. Worcester & Holden Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Lagoutte v. BurnsMassachusetts District Court, Appellate Division · 1958