Dickinson v. Amherst Water Co.
Massachusetts Supreme Judicial Court
Four petitions to the county commissioners for a jury to assess the damages caused by the taking by the respondent, under the St. of 1880, o. 179, for the purpose of supplying the town of Amherst with pure water, of certain water-rights of the petitioners, the owners of mill privileges on a brook in Pelham, called Valley Brook or Amethyst Brook.
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Four petitions to the county commissioners for a jury to assess the damages caused by the taking by the respondent, under the St. of 1880, o. 179, for the purpose of supplying the town of Amherst with pure water, of certain water-rights of the petitioners, the owners of mill privileges on a brook in Pelham, called Valley Brook or Amethyst Brook. The petitioners recognized for the payment of costs, and two warrants for a jury were issued, one on the first three petitions, and the other on the last petition. By agreement of parties, all the cases were tried together. The jury returned a verdict…
1Opinion of the CourtDevens, J.
The only question presented by these exceptions concerns the liability of the respondent to the petitioners for those expenses which must, in the first instance, have been paid by the county, upon their application to the county commissioners for an assessment by a jury' of the damages sustained. If any question might have been raised as to any other items of cost, it is not here presented.
The statute, under which the water-rights were taken, provides that any damages occasioned by the respondent shall be “ assessed and determined in the manner provided when land is taken for highways.” St.…
2Cases cited6 opinions
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1807
- City of Worcester v. County CommissionersMassachusetts Supreme Judicial Court · 1868
- Gifford v. Inhabitants of DartmouthMassachusetts Supreme Judicial Court · 1880
- Williams v. City of TauntonMassachusetts Supreme Judicial Court · 1879
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3Cited by1 opinion
- Hamlin v. City of New BedfordMassachusetts Supreme Judicial Court · 1887