NEPONSET RESERVOIR CORP. v. BASHAW


8 Mass. App. Ct. 35 (1979)

391 N.E.2d 911

NEPONSET RESERVOIR CORPORATION vs. JOHN M. BASHAW, trustee.

Appeals Court of Massachusetts, Suffolk.

July 5, 1979.


Attorney(s) appearing for the Case

Edward P. Leibensperger for the plaintiff.

Richard N. Rougeau & James F. McGillen, II, for the defendant, submitted a brief.

Present: ARMSTRONG, BROWN, & GREANEY, JJ.


GREANEY, J.

The plaintiff, Neponset Reservoir Corporation (Neponset), sought injunctive relief and damages on the basis that the defendant, John M. Bashaw, trustee of the Willett-Bashaw Trust (the trust), was discharging surface waters from a drainage pipe onto the plaintiff's land. The plaintiff predicated its request for relief on two theories: (1) that the defendant had constructed a drainage pipe which encroached on the plaintiff's land, thereby constituting a...

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