Washburn & Moen Manufacturing Co. v. Salisbury
Massachusetts Supreme Judicial Court
, Bill in equity, filed January 30,1890, to settle the water rights of the plaintiff in Salisbury Pond and in North Pond, in Worcester. The case was reserved by W. Allen, J., for the consideration of the full court, and was as follows. In 1834, Stephen Salisbury, senior, the father of the defendant, built the Grove Mills, so called, on his land on the east side of Grove Street, in Worcester, and on the southerly side of a non-navigable stream called Mill Brook.
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, Bill in equity, filed January 30,1890, to settle the water rights of the plaintiff in Salisbury Pond and in North Pond, in Worcester. The case was reserved by W. Allen, J., for the consideration of the full court, and was as follows. In 1834, Stephen Salisbury, senior, the father of the defendant, built the Grove Mills, so called, on his land on the east side of Grove Street, in Worcester, and on the southerly side of a non-navigable stream called Mill Brook. He also built a dam across the brook, and created a pond on his own land on -the westerly side of Grove Street, which was called…
1Opinion of the CourtKnowlton, J.
The plaintiff claims a right to use the water of Salisbury Pond, and of the reservoir above, called North Pond, for power and other purposes connected with its mill, which it bought of Stephen Salisbury, senior, by a deed bearing date July 1, 1868. It appears that the use of this water, or of a similar quantity from some other source, is necessary to the successful operation of the plaintiff’s manufactory in the manner in which it has been used. The plaintiff claims an easement created by an implied grant, and contends that the right to have the pond maintained, and to use the water, passed…
2Cited by4 opinions
- Union National Bank v. NesmithMassachusetts Supreme Judicial Court · 1921
- Jasper v. Worcester Spinning & Finishing Co.Massachusetts Supreme Judicial Court · 1945
- McGowen v. CarrMassachusetts Supreme Judicial Court · 1930
- Bigelow v. Lawyers Mortgage Investment Corp.Massachusetts Supreme Judicial Court · 1946