DEYO v. ATHOL HOUSING AUTHORITY


335 Mass. 459 (1957)

140 N.E.2d 393

JAMES H. DEYO & another vs. ATHOL HOUSING AUTHORITY (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

February 13, 1957.


Attorney(s) appearing for the Case

Jay W. Mead, for the plaintiffs.

William Garbose, (William M. Quade with him,) for the defendants.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


WILLIAMS, J.

In each of these cases the plaintiffs seek to recover for damage to their property caused by the discharge upon their land of water from the adjoining land of Athol Housing Authority and the adjacent land of the town of Athol. The cases were consolidated for trial and referred to an auditor whose findings of fact were to be final.

He designated certain portions of his report as "Preface," "Facts," and "Conclusion and Finding." Under the heading...

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