City of Lowell v. Proprietors of Locks & Canals on Merrimack River
Massachusetts Supreme Judicial Court
Contract to recover money expended by the plaintiffs in repairing a bridge across a canal in Lowell. Writ dated November 25, 1867. Trial, and verdict for the plaintiffs, in the superior court, before Putnam, J., who allowed the following bill of exceptions: “ It was admitted that the repairs were necessary, and that the defendants were requested to make them and declined to do so; and no question was made that the amount sued for was properly expended.
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Contract to recover money expended by the plaintiffs in repairing a bridge across a canal in Lowell. Writ dated November 25, 1867. Trial, and verdict for the plaintiffs, in the superior court, before Putnam, J., who allowed the following bill of exceptions: “ It was admitted that the repairs were necessary, and that the defendants were requested to make them and declined to do so; and no question was made that the amount sued for was properly expended. The canal crosses Merrimack Street, which is a county road; and the bridge is over the canal wdiere it crosses the road. The defendants…
1Opinion of the CourtColt, J.
The law, which imposes the duty of erecting and maintaining bridges in a public highway over artificial watercourses, was stated by Chief Justice Parsons in the early case of Perley v. Chandler, 6 Mass. 454, 458: "If a highway be located over watercourses, either natural or artificial, the public cannot shut up these courses, but may make the road over them by the aid of bridges. But when a way has been located over private land, if the owner should afterwards open a watercourse across the way, it will be his duty at his own expense to make and keep in repair a way over the watercourse, for…
2Cases cited1 opinion
- Middlesex Railroad v. WakefieldMassachusetts Supreme Judicial Court · 1869
3Cited by17 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- City of Indianapolis v. Indianapolis Water Co.Indiana Supreme Court · 1916
- City of Springfield v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1902
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