Howe v. Inhabitants of Weymouth
Massachusetts Supreme Judicial Court
Two petitions to the Superior Court by the owners, and the assignees in insolvency of another owner, of mills and water privileges on a natural stream running from Weymouth Great Pond, for juries to assess the damages sustained by them through the taking of the waters of that pond by the respondent for a water supply, under the St. of 1881, c. 174. The cases were tried together, before Barker, J., and the jury returned a verdict in each, assessing the petitioners’ damages.
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Two petitions to the Superior Court by the owners, and the assignees in insolvency of another owner, of mills and water privileges on a natural stream running from Weymouth Great Pond, for juries to assess the damages sustained by them through the taking of the waters of that pond by the respondent for a water supply, under the St. of 1881, c. 174. The cases were tried together, before Barker, J., and the jury returned a verdict in each, assessing the petitioners’ damages. The petitioners, being dissatisfied with such assessment, alleged exceptions, the material part of which appears in the…
1Opinion of the CourtW. Allen, J.
The record of the taking of water by the town of Weymouth, after reciting the authority given to the town by the statute to take for the purpose set forth in the statute the waters of Weymouth Great Pond, and the waters which flowed into and from the same, and any water rights connected therewith, states that the town duly proceeded to take and hold for the sole use of the town all the waters of the pond, with the land under the same, and all 'the waters in all the streams that flowed into or from the pond, for the purpose of supplying the town and its inhabitants with pure water, to…
2Cases cited6 opinions
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Bailey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1879
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Mills v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Cowdrey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- Proprietors of Mills on Monatiquot River v. Inhabitants of Randolph, Holbrook, & BraintreeMassachusetts Supreme Judicial Court · 1892
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
- East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932
13 more not listed; retrieve them via the Exa API.