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ULLIAN v. CULLEN

3 Mass. App. Ct. 159 (1975)

325 N.E.2d 593

ARTHUR ULLIAN vs. JAMES A. CULLEN & another.

Appeals Court of Massachusetts, Middlesex.

April 3, 1975.

Attorney(s) appearing for the Case

Margaret C. Mahoney for the defendants.

George M. Ford for the plaintiff.

Present: HALE, C.J., ROSE, & KEVILLE, JJ.

HALE, C.J.

This is a bill in equity to restrain the defendants from obstructing a watercourse which carries the flow of "surface water" from land owned by the trustees of the Parkview Electronics Trust2 and from higher land across the trustees' and the defendants' lands to the Aberjona River. The plaintiff also seeks an assessment of damages. The case was referred to a master to "find the subsidiary facts on each issue tried and report...

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