Legal Opinion

Tileston v. Inhabitants of Brookline

Massachusetts Supreme Judicial Court

Decided March 5, 1883PublishedCited by 3 opinions

Petition under the St. of 1872, c. 343, for the assessment of damages caused by the taking by the respondent of the waters of Charles River. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the petitioners; and the respondent alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtDevens, J.

By the act permitting the town of Brookline to take the waters of Charles River, or other source of water supply, it was provided that any person sustaining damage in his property by the taking of lands, water-rights, &c., or by the construction of any aqueducts or other works for the purposes of the act, if the amount to be paid as damages should not be agreed upon, might apply by petition for an assessment of the same to the Superior Court, “at any time within three years from the taking of the said property or the construction of dams or other works occasioning damages as aforesaid, and…

2Cases cited1 opinion

  1. City of New Bedford v. Inhabitants of HinghamMassachusetts Supreme Judicial Court · 1875

3Cited by3 opinions

  1. Sullivan v. QuinlivanMassachusetts Supreme Judicial Court · 1941
  2. Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
  3. Inhabitants of Northborough v. County CommissionersMassachusetts Supreme Judicial Court · 1885

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