Inhabitants of Rockport v. Webster
Massachusetts Supreme Judicial Court
Bill in equity, filed February 3, 1898, in the Superior Court, to restrain the defendant from cutting ice on Cape Pond in the plaintiff town. Hearing before Hardy, J., who reported the case for the determination of this court, in substance as follows.
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Bill in equity, filed February 3, 1898, in the Superior Court, to restrain the defendant from cutting ice on Cape Pond in the plaintiff town. Hearing before Hardy, J., who reported the case for the determination of this court, in substance as follows. The plaintiff contended that it had taken and owned the waters and water rights of Cape Pond by virtue of the votes of the plaintiff, in a town meeting under the provisions of St. 1894, c. 78, and introduced the record of such votes, by the first of which the commissioners were instructed to take in behalf of the town “ any and all rights of…
1Opinion of the CourtHammond, J.
Subject to reasonable regulations the defendant, as one of the public, has the right to take ice from Cape Pond unless that right has been taken away by the authority of St. 1894, c. 78. West Roxbury v. Stoddard, 7 Allen, 158.
That statute authorizes the town to supply itself and its inhabitants with water for certain purposes, and to that end to take the water of this pond. It contains the usual provisions of such statutes, and provides in the tenth section that “ all the authority granted to the town by this act and not otherwise provided for shall be vested in a board of water…
2Cases cited11 opinions
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
- Trowbridge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1887
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Mills v. County CommissionersMassachusetts Supreme Judicial Court · 1871
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3Cited by16 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- United States Gypsum Co. v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Inhabitants of Lynnfield v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1914
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
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