Spaulding v. Inhabitants of Arlington

This is an action of tort, brought by the plaintiff, as executor of the will of Charles Harrington, to recover damages for injury done to the testator’s land by flowing the same, in the summer of 1872; and the question presented for our consideration is, whether the entry upon the land was a lawful entry for the purpose of supplying the town of Arlington with water, as authorized by the Legislature, and to be compensated for under the provisions of the acts authorizing the entry; or whether the entry was tortious, damages for which are recoverable in this action.

It appears by the bill of…