Warren v. Spencer Water Co.
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count was for breaking and entering the plaintiff’s close in Leicester, and, among other things, laying water pipes therein. The second count was for diverting the water of an ancient watercourse, which had been accustomed to flow through said close, and to furnish water for the cattle pastured therein.
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Tort, in two counts. The first count was for breaking and entering the plaintiff’s close in Leicester, and, among other things, laying water pipes therein. The second count was for diverting the water of an ancient watercourse, which had been accustomed to flow through said close, and to furnish water for the cattle pastured therein. Writ dated February 14,1885. The answer alleged that the acts complained of were done by virtue of the authority conferred upon the defendant by the St. of 1882, c. 119.* At the trial in the Superior Court, before Knowlton, J., it appeared that the defendant in…
1Opinion of the Court
Field, J,
The defendant, on November 23, 1882, filed in the registry of deeds for the county of Worcester a plan, with a declaration thereon. The plan purports to show the location of the “ pipe line,” and the declaration is, that the company “ has taken, for the purpose of laying its main pipes, the lands of ” certain persons who are named, “ which lands are described as on the' *14above plan.” The plan shows the courses and distances of the line through tracts of land which are marked with the names of the supposed owners, the plaintiff’s land being marked with the name of Horace Warren, her…
2Cases cited4 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
- Wilson v. City of LynnMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Woodbury v. Marblehead Water Co.Massachusetts Supreme Judicial Court · 1888
- Bryant v. City of PittsfieldMassachusetts Supreme Judicial Court · 1908
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Lexington Print Works v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1898
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