City of Auburn v. Union Water Power Co.
Supreme Judicial Court of Maine
On Report. This was an appeal of the city of Auburn from the award of the county commissioners assessing damages to the Union Water Power Company of Lewiston, in the sum of $24,500 for the taking by the city of Auburn of water for public purposes under the provisions or chapter 82 of tbe Private and Special Laws of the State of Maine of 1891. The fourth section of the act authorized the taking and provides that, in any case in which damages are to be allowed, if the city and…
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On Report. This was an appeal of the city of Auburn from the award of the county commissioners assessing damages to the Union Water Power Company of Lewiston, in the sum of $24,500 for the taking by the city of Auburn of water for public purposes under the provisions or chapter 82 of tbe Private and Special Laws of the State of Maine of 1891. The fourth section of the act authorized the taking and provides that, in any case in which damages are to be allowed, if the city and the landowner were unable to agree upon the damages to be paid for such taking, application should be made to the…
1Opinion of the CourtWalton, J.
This is a petition for the assessment of damages. It is presented by the Union Water Power Company of Lewiston, and the question is whether, under the circumstances disclosed by the evidence, the company is entitled to damages.
It appears that in 1891, the legislature authorized and empowered the City of Auburn to take water from Wilson Pond sufficient for domestic purposes and the extinguishment of fires and the supply of hotels and livery stables and laundries, and for sprinkling its streets. Priv. and Special Laws, 1891, c. 82.
For water taken under the authority of this act, the Union Water…
2Cases cited2 opinions
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Fay v. Salem & Danvers Aqueduct Co.Massachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Stanton v. Trustees of St. Joseph's CollegeSupreme Judicial Court of Maine · 1967
- Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
- Lonsdale Co. v. City of WoonsocketSupreme Court of Rhode Island · 1903
- Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
- Camden & Rockland Water Co. v. Town of HopeSupreme Judicial Court of Maine · 1988
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