Attorney General v. Revere Copper Co.
Massachusetts Supreme Judicial Court
Information filed July 7, 1885, to prevent the lowering of the waters of Massapoag Pond, a great pond in Sharon. Hearing upon the pleadings and a master’s report, before Devens, J., who reserved the ease for the consideration of the full court, in substance as follows. Massapoag Pond, which contains about four hundred and fifty acres, is situated in the town of Sharon, and has for an outlet a brook of the same name, which flows through Canton into the Neponset River.
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Information filed July 7, 1885, to prevent the lowering of the waters of Massapoag Pond, a great pond in Sharon. Hearing upon the pleadings and a master’s report, before Devens, J., who reserved the ease for the consideration of the full court, in substance as follows. Massapoag Pond, which contains about four hundred and fifty acres, is situated in the town of Sharon, and has for an outlet a brook of the same name, which flows through Canton into the Neponset River. This pond was covered by the grant made by the Colony of Massachusetts Bay, on November 20, 1687, to the proprietors of…
1Opinion of the CourtKnowlton, J.
The defendant owns the land on both sides of the stream which flows from Massapoag Pond, and maintains a flume and gate at the outlet of the pond, and regulates the flow of water by holding it back or letting it down to be used for power in running its mills on the stream below, and at times lowers the surface of the water in the pond to the depth of three feet and ten inches below the lowest point at which it would stand if left in its natural condition.
The defendant shows an unbroken chain of title running back to the grant from the Colony to the proprietors of Dorchester in 1637, and the…
2Cases cited19 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- United States v. BufordSupreme Court of the United States · 1830
- Mills v. HallNew York Supreme Court · 1832
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- City of Cincinnati v. EvansOhio Supreme Court · 1855
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3Cited by23 opinions
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. SissonMassachusetts Supreme Judicial Court · 1905
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
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