Fitzpatrick v. Welch
Massachusetts Supreme Judicial Court
Tort, for damages to a retaining wall and a few articles of personal property upon the plaintiff’s premises. At the trial in the Superior Court before Maynard, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, C. J.
The plaintiff’s case was that water flowing from the roof of the defendant’s stable into a gutter along the side of the stable was discharged upon the plaintiff’s land in large quantities through an aperture in the gutter, and thus did the damage for which suit is brought. If these were the facts, a ruling that the defendant was bound to use only ordinary care properly was refused.
One who arranges a roof and gutter in such a way that the first will collect water and the second manifestly will discharge it upon a neighbor’s land unless prevented, has notice that he threatens harm to his…
2Cases cited7 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Jutte v. . HughesNew York Court of Appeals · 1876
- Quinn v. CrimmingsMassachusetts Supreme Judicial Court · 1898
- Underwood v. WaldronMichigan Supreme Court · 1876
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3Cited by16 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Hynes v. BrewerMassachusetts Supreme Judicial Court · 1907
- Kaufman v. Boston Dye House, Inc.Massachusetts Supreme Judicial Court · 1932
- Manning v. Woodlawn Cemetery Corp.Massachusetts Supreme Judicial Court · 1923
- Dallas Land Loan Co. v. GarrettCourt of Appeals of Texas · 1925
11 more not listed; retrieve them via the Exa API.