Crompton Carpet Co. v. City of Worcester
Massachusetts Supreme Judicial Court
Petition under the St. of 1871, c. 361, § 3, for the appointment of commissioners to assess the damages sustained by the petitioner by the taking, by the city council of the city of Worcesser, of East or Lynde Brook, in the town of Leicester, to supply ."die city with pure water. In the Superior Court, before Colburn, J., the petitioner con* Tended that certain facts, put in evidence by the respondent, did ■tot constitute a defence to the granting of the petition.
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Petition under the St. of 1871, c. 361, § 3, for the appointment of commissioners to assess the damages sustained by the petitioner by the taking, by the city council of the city of Worcesser, of East or Lynde Brook, in the town of Leicester, to supply ."die city with pure water. In the Superior Court, before Colburn, J., the petitioner con* Tended that certain facts, put in evidence by the respondent, did ■tot constitute a defence to the granting of the petition. The judge so ruled, and ordered commissioners to be appointed; and "he respondent alleged exceptions.
1Opinion of the Court
By the Court.
The order appointing commissioners was interlocutory in a case pending in the Superior Court, and exceptions thereto cannot be entered in this court until after a final disposition of the case in the court below. St. 1871, c. 361, § 3. Safford v. Knight, 117 Mass. 281. Gifford v. Rockett, ante, 71. Rose v. Taunton, ante, 99. Exceptions dismissed.
2Cases cited1 opinion
- Safford v. KnightMassachusetts Supreme Judicial Court · 1875
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- Boyce v. WheelerMassachusetts Supreme Judicial Court · 1882
- Comins v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1885