Stevens v. City of Worcester
Massachusetts Supreme Judicial Court
Two ACTIONS OR TORT. Writs in the Superior Court for the county of Worcester dated October 7, 1891, and December 3, 1897. The first action is to recover damages which the plaintiff, the owner of a mill privilege on Blackstone River a short distance below the confluence of Mill Brook and Middle River, which unite to form Blackstone River, suffered by reason of a diversion of the waters of Mill Brook by the defendant in June, 1890; and the second action is for damages…
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Two ACTIONS OR TORT. Writs in the Superior Court for the county of Worcester dated October 7, 1891, and December 3, 1897. The first action is to recover damages which the plaintiff, the owner of a mill privilege on Blackstone River a short distance below the confluence of Mill Brook and Middle River, which unite to form Blackstone River, suffered by reason of a diversion of the waters of Mill Brook by the defendant in June, 1890; and the second action is for damages resulting from such diversion between December 4,1891, and the date of the second writ. The two cases were referred to an…
1Opinion of the CourtKnowlton, C. J.
These are two actions of tort to recover damages for the diversion of water from the plaintiff’s mill. Acting under St. 1867, c. 106, which authorized the city council of Worcester to fix the boundaries of Mill Brook and other streams, and to alter, change, widen, straighten and deepen its *52channels, to appropriate and cover, pave and enclose them in retaining walls, so far as they should judge necessary for the purposes of sewerage, drainage and the public health, and to take and hold, by purchase or otherwise, lands, water rights, dams or other real estate, the city, at different times, has…
2Cases cited8 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Barrus v. PhaneufMassachusetts Supreme Judicial Court · 1896
- Harrington v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
- Washburn & Moen Manufacturing Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Rome v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- People Ex Rel. Kraushaar Bros. & Co. v. ThorpeNew York Court of Appeals · 1947
- Ramacorti v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1960
- Boynton v. R. J. Reynolds Tobacco Co.District Court, D. Massachusetts · 1941
- Griswold v. Town School DistrictSupreme Court of Vermont · 1952
7 more not listed; retrieve them via the Exa API.