City of Worcester v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash proceedings pending before the respondents on the petition of Edward D. Thayer for an assessment of his damages for injury done to his water mill by the taking of the water of Lynde Brook in Leicester by these petitioners by virtue of the St. of 1864, c. 104, entitled “ An act for supplying the city of Worcester with pure water.”
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Petition for a writ of certiorari to quash proceedings pending before the respondents on the petition of Edward D. Thayer for an assessment of his damages for injury done to his water mill by the taking of the water of Lynde Brook in Leicester by these petitioners by virtue of the St. of 1864, c. 104, entitled “ An act for supplying the city of Worcester with pure water.” It was admitted, for the purposes of the hearing, before Colt, J., that Thayer’s mill was injured by acts of the city done under the statute, as alleged in his petition to these respondents; that he filed said petition…
1Opinion of the CourtHoar, J.
By the St. of 1864, c. 104, the city of Worcester was authorized “to acquire and hold by purchase, or to take and hold,” the waters of certain brooks and ponds in the adjoining town of Leicester, and such lands or estates as were necessary for laying out and maintaining an aqueduct for conducting the waters into said city, and building reservoirs, and taking lands around the margin of any water sources or reservoirs which they might possess or create, for the purpose of supplying the city with pure water. Full powers were also given for the necessary use of the public streets and highways in…
2Cited by10 opinions
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