Sumner v. Foster

Massachusetts Supreme Judicial Court

Sumner v. Foster

24 Mass. 32

CourtMassachusetts Supreme Judicial Court

DecidedOctober 3, 1828

StatusPublished

This text of 24 Mass. 32 (Sumner v. Foster) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sumner v. Foster, 24 Mass. 32 (Mass. 1828).

Pincite

Opinion

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.

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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.

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Bluebook (online)

24 Mass. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sumner-v-foster-mass-1828.