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eBook details

• Title: Maynard v. Carey Const. Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 12, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

QUA, Justice. This suit, originally brought against the city of Fall River as well as the Carey Construction Company for injunctive relief against an alleged nuisance and also for damages, is now, after the cessation of the nuisance, prosecuted against the construction company alone for the recovery of damages. The defendant is the owner of an abandoned quarry 'of considerable area and great depth,' located in a sparsely settled section near the boundary of the built-up portion of the city. Prior to 1927 this quarry had been used as a dump. In 1927 the defendant gave the city's superintendent of streets permission to continue the use of the premises as a dump, and thereafter, until such use ceased in August, 1933, the officers of the city were in exclusive control and had exclusive use and 'full charge' of the dump. Notwithstanding the city's actual exclusive control there seems to have been no lease, and we assume that the relation between the defendant and the city was merely that of licensor and licensee. We deal with the case on that basis.

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