City of Boston v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Bill in equity, filed on June 7, 1890, praying that the defendant be restrained from constructing a public road along a strip of land taken by the plaintiff for laying its water-pipes. Hearing before Holmes, J., who reserved the case for the consideration of the full court, in substance as follows.
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Bill in equity, filed on June 7, 1890, praying that the defendant be restrained from constructing a public road along a strip of land taken by the plaintiff for laying its water-pipes. Hearing before Holmes, J., who reserved the case for the consideration of the full court, in substance as follows. The St. of 1865, c. 131, declared that the city of Boston through the agency of the Cochituate Water Board might lay and maintain one or more suitable lines of pipes from the reservoir therein provided for to a convenient point in its line of pipes leading from its reservoir in Brookline to the…
1Opinion of the CourtMorton, J.
The question in this case is whether the right to exercise the power of eminent domain given to the city of Boston for the purpose of laying its water pipes excludes the exercise of the right of eminent domain by the town of Brook-line for the purpose of laying out a way over the same land in which the city of Boston has laid the water-pipes. There is no doubt that land devoted to one public use may be taken by authority of the Legislature for another public use. Old Colony Railroad v. Framingham Water Co. 153 Mass. 561, and cases cited. This follows from the nature of the right of eminent…
2Cases cited6 opinions
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Old Colony Railroad v. Framingham Water Co.Massachusetts Supreme Judicial Court · 1891
- Boston & Maine Railroad v. Lowell & Lawrence RailroadMassachusetts Supreme Judicial Court · 1878
- Eastern Railroad v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1872
- Inhabitants of Easthampton v. County Commissioners of HampshireMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
- Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
- Newburyport Redevelopment Authority v. CommonwealthMassachusetts Appeals Court · 1980
9 more not listed; retrieve them via the Exa API.