Massachusetts Supreme Court
175 N.E. 490 (Mass. 1931)
Nutting (defendant) and Michalson (plaintiff) were neighbors. Michalson alleged that roots from a tree on Nutting’s property grew onto his land and clogged up his pipes and sewers, requiring him to pay for their removal and cleaning. Additionally, Michalson alleged that roots from the tree grew up under a cement floor in his cellar, cracked it, and threatened the foundation of Michalson’s house. Michalson sued Nutting for damages and requested mandatory and permanent injunctions ordering Nutting to remove the roots and not let them encroach upon Michalson’s property in the future. The trial court found Nutting was not liable for clogging Michalson’s sewer and causing other damages, and dismissed the suit. Michalson appealed.
Rule of Law
Holding and Reasoning (Wait, J.)
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