Otis Co. v. Ludlow Manufacturing Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed as amended December 7,1903, by tlie Otis Company, a manufacturing corporation, to enjoin the Ludlow Manufacturing Company and the Ludlow Cordage Company from flooding the plaintiff’s mill site at Palmer by backing upon it the waters of the Chicopee River by means of a dam constructed and maintained by the Ludlow Manufacturing Company. In the Superior Court the case was referred to Honorable James R. Dunbar as master.
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Bill in equity, filed as amended December 7,1903, by tlie Otis Company, a manufacturing corporation, to enjoin the Ludlow Manufacturing Company and the Ludlow Cordage Company from flooding the plaintiff’s mill site at Palmer by backing upon it the waters of the Chicopee River by means of a dam constructed and maintained by the Ludlow Manufacturing Company. In the Superior Court the case was referred to Honorable James R. Dunbar as master. Upon the facts found and agreed he ruled as matter of law that the plaintiff was not entitled to any relief. The case came on to be heard for final decree,…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, a riparian proprietor upon the Chicopee River, has lately built across the stream a dam nineteen and twenty-nine one hundredths feet high and three hundred and fifty-three feet long, with a length upon the roll-way of two hundred and ten feet. Its expenditure for this development of pow’er was $271,000. The water power is used to generate electricity, which is conducted about three quarters of a mile up the stream to the plaintiff’s factory at Three Rivers in Palmer, and there applied to the plaintiff’s motors. This factory previously had been run in part by water power taken…
2Cases cited10 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Brickett v. Haverhill Aqueduct Co.Massachusetts Supreme Judicial Court · 1886
- Turner v. NyeMassachusetts Supreme Judicial Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Salisbury Land & Improvement Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1913
- Blackstone Manufacturing Co. v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1908
- Durgin v. MinotMassachusetts Supreme Judicial Court · 1909
- Dickinson v. New England Power Co.Massachusetts Supreme Judicial Court · 1926
- Massachusetts Society for the Prevention of Cruelty to Animals v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1959
4 more not listed; retrieve them via the Exa API.