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KAPAYANIS v. FISHBEIN

344 Mass. 86 (1962)

181 N.E.2d 653

CHARLES J. KAPAYANIS & another vs. JEROME FISHBEIN & another.

Supreme Judicial Court of Massachusetts, Essex.

April 4, 1962.

Attorney(s) appearing for the Case

John J. Ryan, Jr., for the defendants.

Dean E. Nicholson, for the plaintiffs.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

The plaintiffs own land adjacent to, but at a lower elevation than, land of the Fishbeins. The plaintiffs completed a house on their land in July, 1958. The Fishbeins in 1958 constructed on their land a large ranch type house with a roof having an area of 3,278 square feet. Prior to the erection of the Fishbeins' house, "the plaintiffs had no trouble with water on their land." After the Fishbeins' house was built, water "came from the roof and flowed onto...

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