Phillips v. County Commissioners
Massachusetts Supreme Judicial Court
Petition by the administrator of David Dyer for a writ of certiorari. By order of court, notice to show cause why the petition should not be granted, was given to the Boston and Maine Railroad, and to the towns of Malden and Melrose. The ease vas heard before Morton, J., who reserved it for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtColt, J.
Under the St. of 1869, c. 378, entitled, “An act relating to drainage in the towns of Malden and Melrose,” the county commissioners of Middlesex, after an examination of the premises, and a hearing on the question of removing obstructions, declared that they deemed the removal of the dam at Dyer’s privilege “necessary for the purposes of proper drainage and the public health,” and thereupon issued an order, on March 28, 1871, that the dam be removed in such manner that the water standing above it may pass away. It was accordingly at once removed by agents appointed by the commissioners for…
2Cases cited2 opinions
- White v. WhiteCourt of Appeals of Kentucky · 1859
- City of Worcester v. County CommissionersMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Wilder's S. S. Co. v. LowCourt of Appeals for the Ninth Circuit · 1901
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- Largess v. Nore's, Inc.Massachusetts Supreme Judicial Court · 1960
- N. Ward Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1914
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