Roberts v. City of Cambridge
Massachusetts Supreme Judicial Court
Bill in Equity, filed May 12, 1894, for the specific performance of an agreement to open a four-inch gate at the gate-house at the defendant’s dam at Stony Brook, and allow thereafter a quantity of water to pass through from its reservoir above the dam to the plaintiff’s mill sufficient for washing and steam purposes. Hearing before Lathrop, J., who, at the request of the parties, reported the case for the consideration of the full court, in substance as follows.
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Bill in Equity, filed May 12, 1894, for the specific performance of an agreement to open a four-inch gate at the gate-house at the defendant’s dam at Stony Brook, and allow thereafter a quantity of water to pass through from its reservoir above the dam to the plaintiff’s mill sufficient for washing and steam purposes. Hearing before Lathrop, J., who, at the request of the parties, reported the case for the consideration of the full court, in substance as follows. The plaintiff was, on February 27, 1885, the owner of certain real estate situated partly in Waltham and partly in Weston, and…
1Opinion of the CourtHolmes, J.
This is a bill for the specific performance of an alleged contract. The material facts are as follows. The defendant had taken the water of Stony Brook, under St. 1884, c. 256, subject to prior rights given to other towns. See St. 1884, c. 257. Before the damages were assessed, the defendant’s water board passed the following votes, which were communicated to the plaintiff and assented to by him.*
At the hearing before the commissioners on the amount of damages to be paid to the plaintiff by the defendant, these votes were put in evidence, were relied on by the counsel for the defendant, were…
2Cases cited3 opinions
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889
- Bicknell v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by6 opinions
- Sanford v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
- Imbescheid v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1898
- Directors of the Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1922
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