City of Newton v. Perry
Massachusetts Supreme Judicial Court
Bill in equity, filed April 18, 1894, for the protection of the plaintiff’s water supply. Hearing before Allen, J., who reported the case for the consideration of the full court, in substance as follows.
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Bill in equity, filed April 18, 1894, for the protection of the plaintiff’s water supply. Hearing before Allen, J., who reported the case for the consideration of the full court, in substance as follows. The premises in question are situated in Needham, on the bank of the Charles River, and were taken by the plaintiff on or about December 17,1889, under and by virtue of the power given to it by Sts. 1872, c. 344; 1873, c. 326; 1876, c. 54; and 1889, c. 302. The rights in the premises were duly taken by the plaintiff under said statutes, except that the extent of the title gained by the…
1Opinion of the CourtHolmes, J.
There are no sacramental words which must be used in a statutory power to take and hold lands in order to give a right to take the lands in fee. Any language in the statute which makes its meaning clear is sufficient, and a very little more than “take and hold” has been held enough. Dingley v. Boston, 100 Mass. 544. Page v. O'Toole, 144 Mass. 303. In Titus v. Boston, 161 Mass. 209, “ take in fee ” was thought to mean take the lands, and not merely an easement. We assume, in deference to the decisions, that the power to take and hold given by the statutes in this case only authorized the…
2Cases cited8 opinions
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Proprietors of Mills on Monatiquot River v. Inhabitants of Randolph, Holbrook, & BraintreeMassachusetts Supreme Judicial Court · 1892
- Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889
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3Cited by31 opinions
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- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
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- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
- Young v. GurdonSupreme Court of Arkansas · 1925
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