Smith v. Inhabitants of Concord
Massachusetts Supreme Judicial Court
Petition to tlie Superior Court, filed November 19, 1884, for the assessment of damages caused by the taking by the respondent of land and water-rights of the petitioner, under the St. of 1872, c. 188.* Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The petitioner introduced evidence tending to show that, prior to December 1, 1874, he was an inhabitant of Lincoln, and the owner in fee of land therein, bordering on…
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Petition to tlie Superior Court, filed November 19, 1884, for the assessment of damages caused by the taking by the respondent of land and water-rights of the petitioner, under the St. of 1872, c. 188.* Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The petitioner introduced evidence tending to show that, prior to December 1, 1874, he was an inhabitant of Lincoln, and the owner in fee of land therein, bordering on Sandy Pond, and at and along the outlet thereof, and of the water-rights connected therewith; that this outlet is the…
1Opinion of the CourtC. Allen, J.
By the act of taking “ the waters of Sandy Pond,” on December 1, 1874, the town took all the water of the pond, and was at liberty to draw off the whole of it, by means of pipes large enough for the purpose, and was bound to pay all damages sustained by reason of the taking of the whole of the water of the pond. The fact that the town did not at first put *257in a pipe large enougli to exhaust all the water of the pond, would not prevent it from doing so afterwards, and would not diminish the damages to which any person injured by the taking of all the water of the pond would be entitled. The…
2Cases cited1 opinion
- Cowdrey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1884
3Cited by4 opinions
- Perkins v. StateCourt of Appeals of Texas · 1941
- Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Oelschleger v. City of BostonMassachusetts Supreme Judicial Court · 1909