Logourl black
From our private database of 14,000+ case briefs...

Goulding v. Cook

Supreme Judicial Court of Massachusetts
661 N.E.2d 1322 (Mass. 1996)


Facts

The Cooks (defendants) used a cesspool to dispose of home waste. The cesspool malfunctioned due to a neighbor’s installation of a swimming pool, and the local government required the Cooks to install a septic system. The only suitable site was a 2,998-square foot triangle of land. The Cooks claimed that they owned the land, but their neighbors the Gouldings (plaintiffs) insisted that they were the owners and refused permission to install a septic system. The Gouldings sought a preliminary injunction against the installation, which was denied. The Cooks installed a septic system on the land. Later, the trial court determined that the Gouldings owned the land, but granted the Cooks an easement to continue to operate the septic system, with payments to be made to the Gouldings. The intermediate appellate court affirmed, and the Gouldings appealed to the state supreme court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Fried, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 200,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.