LINCOLN PARK AMUSEMENT CO. v. WESTPORT


339 Mass. 334 (1959)

159 N.E.2d 68

LINCOLN PARK AMUSEMENT COMPANY vs. TOWN OF WESTPORT.

Supreme Judicial Court of Massachusetts, Bristol.

June 3, 1959.


Attorney(s) appearing for the Case

John J. Harrington, for the defendant.

Edward F. Harrington, for the plaintiff.

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


WHITTEMORE, J.

This is the defendant's appeal from a final decree of the Superior Court ordering the town "to reopen and to maintain in good operating condition the culvert under Beeden Road ... which ... formerly served to conduct the stream constituting an outlet from the pond on the ... [plaintiff's] land into a ... branch of the Westport River" or to install and so maintain in the same location as the former culvert "an adequate culvert to conduct" the stream...

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