Ashley v. Ashley

Decided September 15, 1850

Massachusetts Supreme Judicial Court · decided 1850-09-15

The plaintiff declared, in an action on the case, that, on the 1st of July, 1847, he was and ever since had been lawfully seized and possessed of a certain tract of meadow land in West Springfield, (describing the same,) across which there ran a certain ancient watercourse, leading from the plaintiff’s meadow to a certain lot of land belonging to the defendant; that the water from the plaintiff’s meadow and the rain which fell upon the same, from time immemorial, had been…

Decided 1850-09-15

By the Court.

¶1According to the authorities, the right which the plaintiff claims, to have the water from his land run by the ancient watercourse over the defendant’s land, is an easement; and the obstruction of that watercourse is a disturbance of an easement on land, of which, by St. 1840, c. 87, § 1, the court of common pleas has no jurisdiction. Cary v. Daniels, 5 Met. 236 ; Crittenton v. Alger, 11 Met. 281; and the action was rightly dismissed*

¶2 This point is now rendered unimportant by St. 1852, c. 51, § 3, which gives the court of common pleas concurrent jurisdiction with this court in this class of cases.