Mills v. County Commissioners
Massachusetts Supreme Judicial Court
Petition by the owners of a mill and water privilege on Ipswich River, for a writ of certiorari to quash proceedings of the county commissioners of Essex refusing their application made on March 15, 1871, for the assessment of their damages sustained through the diversion of waters of Wenham Pond from that river by the city of Salem in constructing and maintaining its waterworks under the St. of 1864, c. 268; § 15 of which statute provided that “the inhabitants of any town…
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Petition by the owners of a mill and water privilege on Ipswich River, for a writ of certiorari to quash proceedings of the county commissioners of Essex refusing their application made on March 15, 1871, for the assessment of their damages sustained through the diversion of waters of Wenham Pond from that river by the city of Salem in constructing and maintaining its waterworks under the St. of 1864, c. 268; § 15 of which statute provided that “the inhabitants of any town upon the line of the works authorized by this act, upon the application of its board of selectmen, shall be entitled to a…
1Opinion of the CourtAmes, J.
By the St. of 1864, c. 268, the city of Salem was authorized, for the purpose of supplying its inhabitants with pure water, to take, hold and convey into and through that city the waters of Wenham Pond, and the waters which flow into and from the same, and any water rights connected therewith. In the exercise of the authority so given, they have diminished the supply of water flowing from the pond to the petitioners’ works, although no serious inconvenience from this cause was felt by them until July 1870, being about a year and seven months after the completion of the waterworks, and after…
2Cited by16 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Bailey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1879
- Bates v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889
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