Lakeside Manufacturing Co. v. City of Worcester
Massachusetts Supreme Judicial Court
Petition, filed June 4, 1903, to the Superior Court for a trial by jury to determine the damages to which the petitioner was entitled incidental to the use and value of the waters of Kettle Brook for purposes of power, including any unoccupied fall, from the taking of the waters of that stream by the city of Worcester under St. 1895, c. 384, to increase its water supply.
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Petition, filed June 4, 1903, to the Superior Court for a trial by jury to determine the damages to which the petitioner was entitled incidental to the use and value of the waters of Kettle Brook for purposes of power, including any unoccupied fall, from the taking of the waters of that stream by the city of Worcester under St. 1895, c. 384, to increase its water supply. In the Superior Court the case was tried before Pierce, J. The jury found for the petitioner and assessed damages in the sum of $21,984.54. The petitioner alleged exceptions to certain rulings of the judge and to the…
1Opinion of the CourtKnowlton, C. J.
This was a petition to recover damages for the taking of the waters of Kettle Brook, under the St. 1895, c. 384. The taking included all the waters of the brook at the petitioner’s woollen factory, and above it, together with the factory itself, the dam, the pond and lands around it, and certain lands of other parties. The petitioner and the respondent agreed to divide the damages into two parts for the purpose *555of assessment, and submitted to three referees the petitioner’s claim for damages “ sustained by the taking of land, water and water rights, and by the construction of any aqueducts,…
2Cases cited3 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Conness v. CommonwealthMassachusetts Supreme Judicial Court · 1904
- Vliet v. SherwoodWisconsin Supreme Court · 1874
3Cited by17 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1911
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
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