Jackman v. Mills
Decision Date | 28 June 1884 |
Citation | 137 Mass. 277 |
Parties | Charles V. Jackman v. Arlington Mills |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued November 7, 1883 [Syllabus Material] [Syllabus Material] [Syllabus Material]
Essex. Tort, for increasing the water supply of a brook, which was a natural watercourse, and which rose in and ran through land of the defendant to and through the plaintiff's premises and for polluting the waters of the same. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows:
In 1882, the defendant built four cesspools in private ways on its own land, and from them laid drain pipes to a ten-inch pipe which emptied into a ditch on the defendant's land. This ditch connected with the brook at a point nearly five hundred feet from the land of the plaintiff. The defendant also erected six tenement houses on these private ways, and dug six wells, which were connected by pipes with the houses. After the houses were occupied, the sink water from them passed through the drain pipes and the ditch into the brook. These pipes also carried off the surface water from the defendant's land, which sloped towards the brook. No cisterns were used in connection with the houses, and their privy vaults had no outlet.
The plaintiff contended, and offered evidence tending to prove, that, in consequence of the acts of the defendant, the supply of water in the brook was increased to such an extent as to cause the brook to overflow its banks and a box drain through which it ran on his land, and to flow into the cellar of a house on his land, thereby causing the same to become unwholesome and unfit for habitation, both by reason of the water remaining in the cellar and by reason of the offensive odors arising therefrom.
The defendant introduced evidence tending to prove that for the past three years the plaintiff had maintained a two-story privy in his said house, which was occupied by tenants of the plaintiff, with no vault connected therewith, and that the deposits therefrom went upon the surface of land at the end of the house, which land sloped toward said brook, and that there was nothing around these deposits to obstruct the flow of liquids therefrom.
The defendant contended, and introduced evidence tending to prove, that the tenements on its land were ready for use and occupation in the spring of 1882; that one half of them remained unoccupied during six months of that year; that when used or occupied they were so used and occupied by tenants at will of the defendant; and that the defendant, by the terms of letting, reserved no control over the tenements, or over the manner of their use when occupied or used, and did not agree to make any repairs upon the same.
The defendant requested the judge to instruct the jury as follows:
The judge ruled that the doctrine of contributory negligence did not apply to this case upon the questions of pollution of the brook and offensive odors, and declined to give either of the foregoing requests for instructions; and instructed the jury as follows:
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Board of Drainage Com'rs of Drainage Dist. No. 10 of Bolivar County v. Board of Drainage Com'rs of Washington County
... ... natural capacity thereof." ... THE ... only cases cited in support of that qualification are in note ... one, and are: Jackman v. Arlington Mills, 137 Mass ... 277; Noonan v. Albany, 79 N.Y. 470, 35 A. R. 540; ... McCormick v. Horan, 81 N.Y. 86, 37 A. R. 479, which ... ...
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Harvey v. The Mason City & Fort Dodge Railroad Co.
... ... Woodman v. Tufts, 9 N.H. 88; Casebeer ... v. Mowry, 55 Pa. 419, (93 Am. Dec. 766); Dorman v ... Ames, 12 Minn. 451 (Gil. 347); Jackman v ... Arlington, 137 Mass. 277; Hooten v. Barnard, ... 137 Mass. 36; Wells v. New Haven & Northampton Co., ... 151 Mass. 46, (23 N.E. 724, ... ...
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Harvey v. Mason City & Ft. D. R. Co.
...purpose. Woodman v. Tufts, 9 N. H. 88;Casebeer v. Mowry, 55 Pa. 423, 93 Am. Dec. 766;Dorman v. Ames, 12 Minn. 451 (Gil. 347); Jackman v. Arlington, 137 Mass. 277;Hooten v. Barnard, 137 Mass. 36;Wells v. New Haven & Northampton Co., 151 Mass. 46, 23 N. E. 724, 21 Am. St. Rep. 423; Gould on W......
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