¶1The authorities cited by the defendant’s counsel do not sustain the position that the plaintiff was under the necessity of seeking any part of his remedy by going upon the defendant’s land and abating the nuisance caused by the obstructions which the defendant had there placed in the ditch He had a right to elect his remedy by action at law, and thereby recover all the damages which the nuisance had occasioned to him., Exceptions overruled.
102 Mass. 138
White v. Chapin
Massachusetts Supreme Judicial Court
Decided September 15, 1869
Massachusetts Supreme Judicial Court · decided 1869-09-15
Tort for injury to land by obstructing a ditch on the defendant’s premises, through which the plaintiff had a right to drain. The defendant was defaulted. At the assessment of damages in the superior court by a jury, before Rockwell, J., it appeared that the ditch remained obstructed for three years, and that during this period the plaintiff’s land was injured by the obstruction.
Good law ✅— No negative treatment on recordhow we know
Decided 1869-09-15
How this case has been cited
Cited by 3 later decisions — most recently November 1933
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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