MICHALSON V. NUTTING
175 N.E. 490 (Mass. 1931)
NATURE OF THE CASE: Michalson (P) appealed a court order dismissing P's bill in equity.
FACTS: P brought a bill in equity alleging that roots from a poplar tree on Nutting's (D)
land had penetrated P's land clogging sewer and drain pipes. P was forced to dig them up and
clearing them. They even caused trouble with is cement cellar causing the cement to crack
and crumble and threatening seriously to injure the foundation of the dwelling. P sought
injunctive relieve to compel D to remove the roots, a permanent injunction restraining D
from allowing the roots to encroach on P's land and also for damages. The court dismissed
the bill with costs. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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