MURPHY v. CHATHAM

No. 94-P-1126.

41 Mass. App. Ct. 821 (1996)

RAYMOND D. MURPHY, individually and as trustee, v. TOWN OF CHATHAM.

Court of Appeals of Massachusetts, Barnstable.

December 26, 1996.


Attorney(s) appearing for the Case

Bruce P. Gilmore for the defendant.

Herbert F. Lach, Jr., for the plaintiff.

Present: DREBEN, GREENBERG, & FLANNERY, JJ.


FLANNERY, J.

As a result of injury to one of Murphy's cranberry bogs, the trial judge found after a jury-waived trial that the town of Chatham was liable for damages on the theory of nuisance. Raising several issues between them, both parties have appealed from the judgment.

Since 1970, Murphy has owned and operated Emery bog, a cranberry bog in the town. The production of cranberries requires the flooding of the bog in the winter to protect the crop from...

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