Smith v. Smith
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed in the Superior Court on February 29, 1888, brought originally by John B. Smith against Amoz Smith, David Fisher, and George Huxford, commissioners appointed under the Pub. Sts. c. 189, to prevent them from keeping up the waters of Great Pond, and from lowering the waters of Job’s Neck Pond, both situated in Edgartown. Hearing before Dunbar, J., who reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiffs concede that the facts of this case fail utterly to support the bill for the principal purpose for which it was brought.
John B. Smith, the original plaintiff, alleged, in substance, that he was one of the littoral proprietors upon Great Pond in Edgartown, and one of numerous joint lessees of fishing rights in that pond and in Job’s Neck Pond; that the original defendants, Amoz Smith, David Fisher, and George Huxford, were acting as commissioners, appointed in 1882 under a statute to superintend and regulate the flowing and the draining of the low lands and meadows around said…
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