Washburn & Moen Manufacturing Co. v. City of Worcester
Massachusetts Supreme Judicial Court
Bill in equity to abate a nuisance, alleging the following facts : 1. The ownership by the plaintiff, a manufacturing corpora-. tian, of a tract of land in the southerly part of Worcester, in the village of Quinsigamond, lying on both sides of Blackstone River, having thereon a rolling mill, and tenement houses used by the workmen in the mill, and a dam across said river, and a pond of water for supplying water power for working said mill. 2. That the river is a natural…
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Bill in equity to abate a nuisance, alleging the following facts : 1. The ownership by the plaintiff, a manufacturing corpora-. tian, of a tract of land in the southerly part of Worcester, in the village of Quinsigamond, lying on both sides of Blackstone River, having thereon a rolling mill, and tenement houses used by the workmen in the mill, and a dam across said river, and a pond of water for supplying water power for working said mill. 2. That the river is a natural stream of water, and the plaintiff is entitled to have the same flow through its estate pure and uncorrupted, and that it…
1Opinion of the CourtGray, C. J.
Where a city, or a board of municipal officers, is authorized by the Legislature to lay out and construct common sewers and drains, and provision is made by statute for the assessment, under special proceedings, of damages to parties whose *461estates are thereby injured, the city is not liable to an action at law or bill in equity for injuries which are the necessary result of the exercise of the powers conferred by the Legislature. But if by an excess of the powers granted, or negligence in the mode of carrying out the system legally adopted, or in omitting to take due precautions to guard…
2Cases cited2 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
- Trevett v. Prison Ass'nSupreme Court of Virginia · 1900
- Anglim v. City of BrocktonMassachusetts Supreme Judicial Court · 1932
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