Inhabitants of Stoughton v. Baker
Massachusetts Supreme Judicial Court
This was a special action of the case, in which the plaintiffs declare that on the 15th day of March, 1805, the legislature of this commonwealth appointed N. Tillinghast, E. Loud, and E. Turner, Esquires, a committee, after giving due notice to the parties, to repair to the several darns on Neponset River, between the sea and Paul’s bridge on said river, and to order such alterations to be made in the fishways through the several dams aforesaid, or to cause such new fishways…
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This was a special action of the case, in which the plaintiffs declare that on the 15th day of March, 1805, the legislature of this commonwealth appointed N. Tillinghast, E. Loud, and E. Turner, Esquires, a committee, after giving due notice to the parties, to repair to the several darns on Neponset River, between the sea and Paul’s bridge on said river, and to order such alterations to be made in the fishways through the several dams aforesaid, or to cause such new fishways to be made around said dams, or either of them, as in their opinion, or the major part of them, should be sufficient…
1Opinion of the Court
The action stood continued nisi, and at the March term in Suffolk, the opinion of the Court was delivered by
Parsons, C. J.
The plaintiffs found their claim on the resolution of the legislature recited in the declaration; on the alteration of the former sluice-way ordered by the committee therein appoint ed ; on the refusal of the defendants to make that alteration seasonably ; on the authority given by Mr. Loud, as a sub-committee, to the plaintiffs, to make that alteration; and on the plaintiffs’ making :"t pursuant to that authority.
The defendants object to the claim of reimbursement of the…
2Cases cited2 opinions
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Kupfer v. Inhabitants of the South Parish in AugustaMassachusetts Supreme Judicial Court · 1815
3Cited by52 opinions
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Levasser v. WashburnSupreme Court of Virginia · 1854
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