Comiskey v. City of Lynn
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 23,1916, to enjoin the city of Lynn from entering the land of the plaintiff at Lynnfield and erecting any poles or other apparatus or structures thereon or doing thereon any act of ownership under an alleged taking on October 13, 1916, of a strip of the plaintiff’s land purporting to have been made under St. 1901, c. 508, for the purpose of constructing and maintaining a power transmission line with poles, wires and…
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Bill in equity, filed in the Superior Court on October 23,1916, to enjoin the city of Lynn from entering the land of the plaintiff at Lynnfield and erecting any poles or other apparatus or structures thereon or doing thereon any act of ownership under an alleged taking on October 13, 1916, of a strip of the plaintiff’s land purporting to have been made under St. 1901, c. 508, for the purpose of constructing and maintaining a power transmission line with poles, wires and other apparatus for conducting a current of electricity to a pumping station being erected by the defendant at North Reading…
1Opinion of the CourtDe Courcy, J.
The St. 1901, c. 508, authorized the city of Lynn, for the purpose of providing an additional water supply, to take by purchase or otherwise the water of- Ipswich River and its tributaries. Under this statute the city made, an admittedly valid taking of land for the purpose of establishing and maintaining a pipe line to be used in conveying the water to Lynn. Subsequently, in October, 1916, the city purported to take by right of eminent domain an easement in a strip of land twenty feet wide extending about fourteen hundred feet through the plaintiff’s land, for the purpose of constructing and…
2Cited by8 opinions
- Burnham v. Mayor & Aldermen of BeverlyMassachusetts Supreme Judicial Court · 1941
- Providence & Worcester Railroad v. Energy Facilities Siting BoardMassachusetts Supreme Judicial Court · 2009
- Trustees of Reservations v. Town of StockbridgeMassachusetts Supreme Judicial Court · 1965
- Boston Edison Co. v. Town of SudburyMassachusetts Supreme Judicial Court · 1969
- Curtis v. City of BostonMassachusetts Supreme Judicial Court · 1924
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