Bates v. Smith
Cases that cite this one
14 later published cases cite this decision.
- Deyo v. Athol Housing Authority (Mass. 1957)
- Maddock v. City of Springfield (Mass. 1932)
- McMahon v. City of Holyoke (Mass. 1917)
- Franklin v. Durgee (N.H. 1901)
- Cass v. Dicks (Wash. 1896)
- Morrissey v. Chicago, Burlington & Quincy Railroad (Neb. 1893)
- Bates v. Inhabitants of Westborough (Mass. 1890)
- Chicago & Alton Railroad v. Connors (Ill. App. Ct. 1887)
- Cassidy v. Old Colony Railroad (Mass. 1886)
- Rathke v. Gardner (Mass. 1883)
- Murphy v. Kelley (Me. 1878)
- Morrison v. Bucksport & Bangor Railroad (Me. 1877)
- Morrill v. Hurley (Mass. 1876)
- Eaton v. B. C. & M. R. R. (N.H. 1872)
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
A proprietor of land may erect structures upon it as solid and as high as he pleases, without regard to their effect upon surface water which would otherwise come from the adjoining lands upon his soil. Gannon v. Hargadon, 10 Allen, 107. Franklin v. Fisk, 13 Allen, 211. The fact that the adjoining land is occupied for a burial ground does not abridge his rights in this respect. The erection of a structure which prevents the surface water that gathers upon the burial ground from flowing off over his land is not a violation of Gen. Sts. c. 28, § 12, or c. 165, § 39; for the proprietors of the ground have no easement which he violates or obstructs. If the water constitutes a nuisance, he did not create the nuisance, The motive which influences a man to exercise his right is no material in such a case as this. Judgment for the plaintiff.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.