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MILLER v. DARBY

336 Mass. 243 (1957)

143 N.E.2d 816

CHARLOTTE MILLER vs. MERWYN K. DARBY & another.

Supreme Judicial Court of Massachusetts, Essex.

June 27, 1957.

Attorney(s) appearing for the Case

Max Nicholson, for the plaintiff.

Frederic S. O'Brien, for the defendants.

Present: WILKINS, C.J., RONAN, WILLIAMS, WHITTEMORE, & CUTTER, JJ.

RONAN, J.

This is an appeal from a final decree dismissing a bill seeking an injunction restraining the defendants from discharging water upon the plaintiff's premises and for damages. A master's report was confirmed.

The plaintiff is the owner of one undivided half interest in a parcel of land, triangular in form, bounded westerly by Dascomb Road, southeasterly by Bannister Road, and northerly by land of one Murray. The dwelling erected upon this parcel is...

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