Massachusetts Supreme Judicial Court, 1867

Kelliher v. Miller

Massachusetts Supreme Judicial Court · Decided September 15, 1867 · Foster

97 Mass. 71

Cases that cite this one

4 later published cases cite this decision.

Baltimore & Ohio Railroad v. Bonafield's Heirs (W. Va. 1916)
Rowe v. Northport Smelting & Refining Co. (Wash. 1904)
Lyon v. Hammond & Blue Island Railroad (Ill. 1897)
Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co. (Ill. 1893)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Foster, J.

On the question of damages, evidence of the amount paid by the respondent for flowing other land was inadmissible. How much the complainant’s land had been injured *72was the question upon trial. The circumstances in the other case may have been very dissimilar, and the amount of damages paid to the other land-owner may have been greater or less than adequate compensation to him. The point has been already adjudged in Tyler v. Mather, 9 Gray, 183. And in the opinion of the court, it does not fall within the analogy of those cases Which permit the value of adjacent and similarly situated parcels of land, as indicated by the prices for which they have sold, to be shown where the question on trial is the value of the estate.

Exceptions overruled.

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