| Mass. | Mar 22, 1876

By ttte Court.

The facts agreed show merely that the defendant did not prevent surface water from accumulating upon his own land and thence flowing upon the land of the plaintiff. This gave the plaintiff no cause of action. Gannon v. Hargadon, 10 Allen, 106. Bates v. Smith, 100 Mass. 181" date_filed="1868-10-15" court="Mass." case_name="Bates v. Smith">100 Mass. 181.

Exceptions overruled.

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