Harlow v. Whitcher
Massachusetts Supreme Judicial Court
Tort for the obstruction of a drain, alleged to be appurtenant to the plaintiff’s land. Trial in the Superior Court, before Staples, J., who reported, for the consideration of this court, the following case: In December, 1871, Jacob C. Whitcher, who then owned a parcel of land in Woburn, mortgaged the same to the Woburn Five Cents Savings Bank; he remained in possession of the premises, and built thereon a dwelling-house and a barn, the latter being about one hundred feet…
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Tort for the obstruction of a drain, alleged to be appurtenant to the plaintiff’s land. Trial in the Superior Court, before Staples, J., who reported, for the consideration of this court, the following case: In December, 1871, Jacob C. Whitcher, who then owned a parcel of land in Woburn, mortgaged the same to the Woburn Five Cents Savings Bank; he remained in possession of the premises, and built thereon a dwelling-house and a barn, the latter being about one hundred feet from the house, and constructed a drain leading from the house to the cellar of the barn. After the house and barn were…
1Opinion of the CourtDevens, J.
It was ruled, at the trial, that the release of the Woburn Savings Bank to Jacob C. Whitcher conveyed only the bank’s interest in the land described; and that the right to drain from the house which had been erected thereon into the cellar of the barn, which was on the other part of the land, was neither released nor conveyed, even if such drain was necessary for the beneficial enjoyment of the parcel described, and it was not possible to provide any other mode of drainage with reasonable care and expense.
The plaintiff contends that whatever easements are appurtenant to land, specifically…
2Cases cited2 opinions
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- Oliver v. DickinsonMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Penn Mutual Life Insurance v. NelsonOregon Supreme Court · 1942
- Supraner v. Citizens Savings BankMassachusetts Supreme Judicial Court · 1939
- Vanderwerff v. Consumers Gas Co.Superior Court of Pennsylvania · 1950
- Vanderwerff v. Consumers Gas Co.Superior Court of Pennsylvania · 1949
- Hyde Park Thomson-Houston Light Co. v. BrownIllinois Supreme Court · 1898
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