Michalson v. Nutting

175 N.E. 490 (Mass. 1931)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P brought a bill in equity alleging that roots from a poplar tree on Nutting's (D) land had penetrated P's land clogging sewer and drain pipes. P was forced to dig them up and clearing them. They even caused trouble with is cement cellar causing the cement to crack and crumble and threatening seriously to injure the foundation of the dwelling. P sought injunctive relief to compel D to remove the roots, a permanent injunction restraining D from allowing the roots to encroach on P's land and also for damages. The court dismissed the bill with costs. P appealed.