Ætna Mills v. Inhabitants of Brookline

This case arises upon a statute similar to those recently passed upon by this court in the cases of Bailey v. Woburn, 126 Mass. 416, and Ætna Mills v. Waltham, 126 Mass. 422; and the facts disclosed in the bill of exceptions do not so materially differ from the facts presented in those cases as to distinguish this case, and to require us to sustain the exceptions taken by the respondent.

In Bailey v. Woburn, the town had taken land on the border of Horn Pond, and constructed a water-gallery and other works *70for supplying its inhabitants with water from the pond, under the St. of 1871, a. S07;…