Beatty v. Parker

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: W. ALLEN, J.
• Citation: Beatty v. Parker, 141 Mass. 523, 6 N.E. 754 (Mass. 1886)
• Decision Date: 07 May 1886
• Parties: BEATTY v. PARKER.

141 Mass. 523

6 N.E. 754

BEATTY v. PARKER.

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1886

COUNSEL

F.S. Nickerson, for petitioner.

Gaston & Whitney, for respondent.

OPINION

W ALLEN, J.

The drain-pipe was part of the house. The house was built upon a street in which was a sewer, and was fitted for the use of the city water, to which connection with the sewer was essential. The piping inside of the house, and outside of it to the sewer, was necessary to the use of the house, and a part of it, and was included in the contract for building it. The house would be incomplete and unfinished without the pipe, and it would pass by a deed of the house as a part of it. It is immaterial whether it was inside or outside the walls of the house, or whether it was above ground or under ground, or whether it extended one foot or thirty feet. It is immaterial, also, whether the fee of the land in the street was or was not in the owner of the lot. It must be assumed that the pipe was rightfully laid to the sewer, even if the fee of the street was not in the respondent. The pipe did not become the property of the owner of the fee of the street but belonged to the owner of the house, and he had an interest in the soil of the street to sustain his pipe, which could pass by a deed of the lot.

Currier was employed by the respondent to erect the house, including the...