Legal Opinion

Anthony Hankey v. Clark

Massachusetts Supreme Judicial Court

Decided October 15, 1872PublishedCited by 6 opinions

Bills in equity. The first bill was filed April 26, 1872, by Anthony Hankey and George A. Corser, alleging that they owned a tract of land on French River in Leicester, with a factory thereon; that they had a right to draw water from a reservoir and dam further up the river; and that the defendant, Asa W. Clark, interfered with this right.

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Bills in equity. The first bill was filed April 26, 1872, by Anthony Hankey and George A. Corser, alleging that they owned a tract of land on French River in Leicester, with a factory thereon; that they had a right to draw water from a reservoir and dam further up the river; and that the defendant, Asa W. Clark, interfered with this right. The second bill was filed April 24, 1872, by Clark against Hankey and Corser, alleging that he owned the reservoir and dam, and that they had wrongfully drawn water therefrom. Hearing on both bills was had, at the same time, before Chap» man, C. J., who…

1Opinion of the CourtColt, J.

The parties in these cases own adjoining tracts of land on French River, with a mill and mill privilege on each. Hankey and Corser, plaintiffs in the first suit, own the lower tract, known as the scythe factory property, and claim the right to draw water from a dam and reservoir on the upper tract owned by Clark, the defendant in that suit. The first bill is brought to prevent interference with this right. The upper tract, with the saw and grist mill privilege, is claimed by Clark to be free from any water rights in favor of the scythe factory, and he charges in the other suit that the…

2Cases cited1 opinion

  1. Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863

3Cited by6 opinions

  1. Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
  2. Whitney v. Wheeler Cotton MillsMassachusetts Supreme Judicial Court · 1890
  3. Amidon v. HarrisMassachusetts Supreme Judicial Court · 1873
  4. Crawford v. LescoNew York Supreme Court · 1955
  5. Gurevich v. GoldmanSupreme Court of Connecticut · 1954

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