Souther v. City of Gloucester
Massachusetts Supreme Judicial Court
Bill in equity, filed August 21, 1903, to enjoin the defendant from cutting off the supply of water from a summer cottage of the plaintiffs at Bass Rocks in Gloucester. At the hearing in the Superior Court before Sheldon, J., the plaintiffs introduced in evidence a “statement of agreed facts submitted as evidence.” No evidence was introduced by the defendant.
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Bill in equity, filed August 21, 1903, to enjoin the defendant from cutting off the supply of water from a summer cottage of the plaintiffs at Bass Rocks in Gloucester. At the hearing in the Superior Court before Sheldon, J., the plaintiffs introduced in evidence a “statement of agreed facts submitted as evidence.” No evidence was introduced by the defendant. It appeared that the defendant shut off the water from cottage B. mentioned in the opinion because the plaintiffs refused to pay the full water rates charged by the defendant on the ground that they were unreasonable and not uniform with…
1Opinion of the CourtLoring, J.
We do not stop to consider whether on the evidence before the Superior Court the plaintiffs were shown to have had any interest in the water rate for cottage B. for the year in question, for we are of opinion that the finding of fact on the merits was not wrong as matter of law. As the bill must be dismissed, even if the preliminary difficulty which we have had is overcome, we prefer to dispose of the case on the ground on which it was tried and disposed of in the court below.
The plaintiffs have undertaken to sweep aside any difference in rates charged them by reason of facts peculiar to the…
2Cases cited6 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
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- San Diego Land & Town Co. v. National CitySupreme Court of the United States · 1899
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
- Norton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1902
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3Cited by15 opinions
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