Proprietors of Mills v. Braintree Water Supply Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed November 8,1887, to prevent tbe taking of the waters of Little Pond, a great pond in Braintree, by tbe defendant, for a water supply. Tbe case was beard upon tbe pleadings and tbe report of a master by W. Allen, J., wbo reported it for tbe consideration of tbe full court, and was as follows.
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Bill in equity, filed November 8,1887, to prevent tbe taking of the waters of Little Pond, a great pond in Braintree, by tbe defendant, for a water supply. Tbe case was beard upon tbe pleadings and tbe report of a master by W. Allen, J., wbo reported it for tbe consideration of tbe full court, and was as follows. The first named plaintiff was incorporated under tbe special statute of 1818, c. 35, for tbe purpose of making reserves of water in various great ponds, among them Little Pond in Brain-tree, for the benefit of the water privileges on tbe Monatiquot River. The other plaintiffs were…
1Opinion of the CourtDevens, J.
The first question presented by the-report is whether the right to take the waters of Little Pond, or the springs which supply it and which are within its water-shed, was granted to the defendant corporation by its charter. This charter was granted by the St. of 1886, c. 269. Section 2 of this act provided that the defendant might take the waters “ of Great Pond in the towns of Braintree and Randolph, and the waters of any spring or artesian or driven wells within the town of Braintree, and the water rights connected therewith, except the property known as the Monatiquot Spring, so called, in…
2Cases cited7 opinions
- City of Emporia v. SodenSupreme Court of Kansas · 1881
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Cowdrey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1884
- Potter v. HoweMassachusetts Supreme Judicial Court · 1886
- Inhabitants of Brookline v. MackintoshMassachusetts Supreme Judicial Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tinker v. BesselMassachusetts Supreme Judicial Court · 1912
- Radway v. Selectmen of DennisMassachusetts Supreme Judicial Court · 1929
- Proprietors of Mills on Monatiquot River v. Inhabitants of Randolph, Holbrook, & BraintreeMassachusetts Supreme Judicial Court · 1892
- Emerson v. City of SomervilleMassachusetts Supreme Judicial Court · 1896
- Hollingsworth & Vose Co. v. Foxborough Water Supply DistrictMassachusetts Supreme Judicial Court · 1896
7 more not listed; retrieve them via the Exa API.