New England Cotton Yarn Co. v. Laurel Lake Mills
Massachusetts Supreme Judicial Court
Tort, by a corporation organized under the laws of the State of New Jersey, maintaining a mill operated by steam at Fall River situated on a natural watercourse known as Cook Pond Outlet Stream, against a corporation organized under the laws of this Commonwealth, maintaining a mill and steam plant on the same stream adjoining and next above the land of the plaintiff, for the alleged wrongful diversion of large quantities of water from the stream and depriving the plaintiff…
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Tort, by a corporation organized under the laws of the State of New Jersey, maintaining a mill operated by steam at Fall River situated on a natural watercourse known as Cook Pond Outlet Stream, against a corporation organized under the laws of this Commonwealth, maintaining a mill and steam plant on the same stream adjoining and next above the land of the plaintiff, for the alleged wrongful diversion of large quantities of water from the stream and depriving the plaintiff of its use. Writ dated April 5, 1901. The defendant’s answer alleged that the acts complained of were done under and in…
1Opinion of the CourtSheldon, J.
In May, 1889, and for some years before that time, the Globe Yarn Mills and the defendant, both manufacturing corporations, were adjoining riparian owners upon the same natural watercourse, the defendant being the upper owner. Both operated their plants by steam and were accustomed to draw water from the stream for condensing purposes. The Globe Yarn Mills had constructed upon its land a pond and other appliances, which it used to receive and cool the water from its condensing plant, and from which the cooled water returned to the natural stream. The water in this pond is at a lower level…
2Cases cited5 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Mannville Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1884
- Dwight Printing Co. v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Ware v. AllenMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Kuklinska v. Maplewood Homes, Inc.Massachusetts Supreme Judicial Court · 1957
- Sasinowski v. Boston & M. R. R.Court of Appeals for the First Circuit · 1935
- MacNamara v. TaftMassachusetts Supreme Judicial Court · 1907
- Town of Abington v. CutterMassachusetts Supreme Judicial Court · 1942
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