Golden v. Amory, Supreme Judicial Court of Massachusetts, 1952
Facts
: The Defendants owned a hydroelectric plant. A hurricane caused the river on which the
plant was located to overflow and damage the real estate of the several Plaintiffs. Plaintiff’s
filed two counts:
(1) that no permit or decree or approval of the county commissioners was secured by the
defendants for the construction of the Alden Street dike
(2) The second count alleged negligence in the maintenance of that dike.
Procedural History
:
Judge directed verdicts for the defendants on the first count and on the
second count after verdicts for the plaintiffs, entered verdicts for the defendants under leave
reserved.
Issues
:
Whether the defendants are liable for maintaining a non-natural land use and the resulting
damage that occurred from this use?
Holding (and Judgment):
No. (Exceptions overruled). The court held that the flood was
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- Fall '14
- Marie Boyd
- Law, Supreme Judicial Court of Massachusetts
