346 Mass. 771 | Mass. | 1963
Decree affirmed with costs. The plaintiffs appeal from a final decree dismissing a bill seeking to enjoin the defendant from discharging surface and contaminated water onto the plaintiffs’ land. The facts are established by the master’s report, confirmed by interlocutory decree, from which no appeal was taken. We summarize. The lands of the parties are separated by two public ways and a wedge shaped tract between the ways owned by a third person. All of the land is swampy. The natural drainage is from the defendant’s land to the plaintiffs’. The defendant enclosed a brook which runs through its land within an eighteen inch pipe