Phillips v. County of Middlesex
Massachusetts Supreme Judicial Court
Petition for a sheriff’s jury to assess the damages sustained by David Dyer, the petitioner’s intestate, by reason of the taking down of his dam in Malden, by the county commissioners of Middlesex acting under the St. of 1869, a. 37.8.* At the trial, it appeared that Dyer was, in March 1871, the time the dam was taken down, the owner, and in possession thereof, and of a mill site connected therewith; that the power at this dam, prior to July 1870, had been supplied by the…
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Petition for a sheriff’s jury to assess the damages sustained by David Dyer, the petitioner’s intestate, by reason of the taking down of his dam in Malden, by the county commissioners of Middlesex acting under the St. of 1869, a. 37.8.* At the trial, it appeared that Dyer was, in March 1871, the time the dam was taken down, the owner, and in possession thereof, and of a mill site connected therewith; that the power at this dam, prior to July 1870, had been supplied by the waters of Spot Pond and by the waters of Ell Pond and certain meadows, all which, after uniting in one stream, came down…
1Opinion of the CourtAmes, J.
The claim of the petitioner was for damage done by the removal of the dam in March 1871, and the consequent loss or diminution of such water-rights as remained to his intestate after the waters of Spot Pond had been withdrawn and had ceased to furnish any part of the water supply at the dam. The witnesses called by the petitioner had been allowed to testify as to the value of the privilege at the dam at the time of its removal, “ embracing all the purposes for which it could be used.” The questions as to the actual expense of setting up a steam-engine with the necessary buildings and fixtures…
2Cited by5 opinions
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Brown & Bros. v. BrownSupreme Court of Connecticut · 1888
- Inhabitants of Melrose v. HilandMassachusetts Supreme Judicial Court · 1895
- Stone v. StoneMassachusetts Supreme Judicial Court · 1906
- Siegel v. ThernMassachusetts Supreme Judicial Court · 1918