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PETERS v. ST. AUBIN

355 Mass. 41 (1968)

242 N.E.2d 427

CHARLES J. PETERS vs. BARBARA ST. AUBIN & another.

Supreme Judicial Court of Massachusetts, Bristol.

December 9, 1968.

Attorney(s) appearing for the Case

William A. Trophy (George M. Thomas with him) for the defendants.

Ferdinand B. Sowa for the plaintiff.

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

WHITTEMORE, J.

This appeal attacks certain aspects of a final decree in a suit in equity in the Superior Court that requires the defendants to take action designed to restore a watercourse across land of the defendant Barbara St. Aubin in Acushnet which had been blocked by the placing of fill on the St. Aubin land. The obstruction of the watercourse had caused extensive flooding of the plaintiff's wood and scrubland (formerly...

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