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RICHMOND BROTHERS, INC. v. HAGEMANN

359 Mass. 265 (1971)

268 N.E.2d 680

RICHMOND BROTHERS, INC. vs. H. FREDERICK HAGEMANN, JR., & others, trustees.

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 1971.

Attorney(s) appearing for the Case

William Lender for the plaintiff.

Robert D. Power (Jordan P. Krasnow with him) for the defendants.

Present: TAURO, C.J., SPALDING, CUTTER, & BRAUCHER, JJ.

BRAUCHER, J.

The plaintiff appeals from a decree dismissing its bill to enjoin the defendants from creating and maintaining a private nuisance by (1) blocking a navigable stream, and (2) erecting structures on land adjacent to the plaintiff's land. After trial, the judge made findings, rulings, and an order for decree, and the evidence is reported.

The following facts, except as indicated, are not in substantial...

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