Gardner v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages sustained by the petitioner by the taking of her land by the respondent in constructing and maintaining its water-works under the St. of 1872, o. 343. At the trial, before Putnam, J., it appeared that the petitioner was the owner of a tract of about fifty-one acres of land on Cow Island, in that part of Boston formerly West Roxbury, and bordering on Charles River.
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Petition to the Superior Court for a jury to assess the damages sustained by the petitioner by the taking of her land by the respondent in constructing and maintaining its water-works under the St. of 1872, o. 343. At the trial, before Putnam, J., it appeared that the petitioner was the owner of a tract of about fifty-one acres of land on Cow Island, in that part of Boston formerly West Roxbury, and bordering on Charles River. On June 16, 1874, the town, acting under the provisions of said act, took seven acres of the land, being a strip two hundred feet in width, extending across the entire…
1Opinion of the CourtColt, J.
By the St. of 1872, o. 343, the town of Brookline was authorized to supply its inhabitants with water from Charles River, and to take by purchase or otherwise the real estate necessary for constructing and maintaining the works, and proper for raising, retaining, and distributing the water so taken.
At the trial, it appeared that the town had previously taken and paid for another strip of land running through the land in question, within which it had constructed a filtering gallery, and obtained a large supply of water. A witness was called by the petitioner, who testified in chief, without…
2Cases cited6 opinions
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
- Benham v. DunbarMassachusetts Supreme Judicial Court · 1869
- Clark v. City of WorcesterMassachusetts Supreme Judicial Court · 1878
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3Cited by24 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1891
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Tigar v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Central Georgia Power Co. v. StoneSupreme Court of Georgia · 1913
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
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