Marsh v. Haverhill Aqueduct Co.
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiffs’ close in Haverhill, on November 1,1880, and on divers days and times between that day and the date of the writ, October 18, 1881, and doing certain acts thereon. Trial in the Superior Court, without a jury, before Pitman, J., who found for the plaintiffs in the sum of $10; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
In the deed of Nathan Ayer and others, dated in 1803, under which the defendant justifies, after the recital “ that whereas the Haverhill Aqueduct Company propose sinking an aqueduct from the Round Pond in said Haverhill to Haverhill bridge, to accomplish which it will be convenient to dig and lay logs through lands ” of said Ayer and others, the grantors “ bargain and agree that the above-mentioned aqueduct company, or their agents, shall have liberty to enter upon said lands for the purpose of digging and completing said aqueduct, and at all times thereafter to enter upon said lands when…
2Cases cited1 opinion
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Jasper v. Worcester Spinning & Finishing Co.Massachusetts Supreme Judicial Court · 1945
- Akasu v. PowerMassachusetts Supreme Judicial Court · 1950
- Naumkeag Steam Cotton Co. v. American Glue Co.Massachusetts Supreme Judicial Court · 1923
- Boston Edison Co. v. Town of SudburyMassachusetts Supreme Judicial Court · 1969
- Sweetland v. Grants Pass Power Co.Oregon Supreme Court · 1905