Brown v. Holyoke Water Power Co.
Massachusetts Supreme Judicial Court
Tort, with a count in contract, to recover damages for interrupting the plaintiffs’ business by cutting off the power. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows.
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Tort, with a count in contract, to recover damages for interrupting the plaintiffs’ business by cutting off the power. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows. The plaintiffs, who were manufacturers of mattresses and stock for mattresses, by an oral agreement hired a room from the defendant containing shafting and a pulley, and power sufficient to operate their machinery, at a monthly rent, for the purpose of carrying on their business. They took possession and began to use the premises about August,…
1Opinion of the CourtKnowlton, J.
The plaintiffs hired of the defendant a room in which were shafting and a pulley, connected by a belt with another part of the defendant’s premises, in such a way as to furnish power — which we infer to have been water power — for the running of machinery in the room hired by the plaintiffs. The room and power were let together in one contract, and the report indicates that the room was so situated in reference to the source of power, and so connected with it, that the right to have the power which would be furnished through the belt in the ordinary way was appurtenant to the plaintiffs’…
2Cases cited2 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Sherman v. WilliamsMassachusetts Supreme Judicial Court · 1873
3Cited by16 opinions
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- Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
- Wesson v. Leone Enterprises, Inc.Massachusetts Supreme Judicial Court · 2002
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