GOULDING v. COOK


422 Mass. 276 (1996)

RICHARD A. GOULDING, JR., & another vs. GEORGE W. COOK & another

Supreme Judicial Court of Massachusetts, Suffolk.

March 13, 1996.


Attorney(s) appearing for the Case

John H. Wyman for the plaintiffs.

Stephen W. Dorsey for the defendants.

Present: LIACOS, C.J., ABRAMS, LYNCH, O'CONNOR, & FRIED, JJ.


FRIED, J.

The plaintiffs in this case (Gouldings) sought an injunction in the Land Court, enjoining the defendants (Cooks) to end a trespass on their property. The parties own neighboring residences in Scituate. When installation of another neighbor's swimming pool caused the Cooks's cesspool, which was partly under that neighbor's land, to malfunction, they were forced to find an alternative sewage disposal system. The town required a septic system, and the only...

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