Chandler v. Jamaica Pond Aqueduct Corp.
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed April 11, 1873, for a jury to assess damages sustained by the petitioners by reason of the taking, on April 28, 1870, by the respondent, under the St. of 1868, c. 182, of about 100,000 feet of land in West Roxbury. After the former decision, reported 122 Mass. 305, the case was tried in the Superior Court, before Bacon, J., who allowed a bill of exceptions alleged by the respondent, the material parts of which appear in the opinion.
1Opinion of the CourtMorton, J.
The St. of 1868, c. 182, authorizes the respondent corporation, “for the purpose of better supplying fresh water, and for saving and restraining the water that may percolate from Jamaica Pond into what was formerly known as Spring Pond, in land now owned by said corporation, to take, hold or purchase any land near or adjoining said land, now OAvned by said corporation,” and empowers the corporation to *546“ enlarge said pond, formerly called Spring Pond, and raise a dam on said land taken or purchased, to such height as may best serve to save and restrain the water now running to waste from said…
2Cases cited4 opinions
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Barnes v. LloydMassachusetts Supreme Judicial Court · 1873
- Jamaica Pond Aqueduct Corp. v. ChandlerMassachusetts Supreme Judicial Court · 1876
3Cited by52 opinions
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Newton Girl Scout Council, Inc. v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1956
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Woodville v. United StatesCourt of Appeals for the Tenth Circuit · 1946
- Lyford v. LaconiaSupreme Court of New Hampshire · 1909
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