Massachusetts Supreme Judicial Court, 1828

Sumner v. Foster

Sumner v. Foster
Massachusetts Supreme Judicial Court · Decided October 3, 1828
24 Mass. 32

Sumner v. Foster

Opinion of the Court

Per Curiam.

The plaintiffs having the subordinate right, it is incumbent on them to take notice when there is a deficiency of water, and if there was a deficiency when the defendant made his request, it was their duty to shut their gate ; but when the defendant undertakes to stop the passage of the water himself, he should remove the obstruction so soon as there is a supply sufficient for the use of both parties.

Judgment according to verdict.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.