Penney v. Commonwealth
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages to the petitioner’s land by the diversion of the water supply, caused by the taking of an easement in his land by the Board of Metropolitan Sewerage Commissioners, in behalf of the Commonwealth, under St. 1889, c. 439, and St. 1890, c. 270, for the purpose of constructing and maintaining a main sewer.
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Petition to the Superior Court for a jury to assess the damages to the petitioner’s land by the diversion of the water supply, caused by the taking of an easement in his land by the Board of Metropolitan Sewerage Commissioners, in behalf of the Commonwealth, under St. 1889, c. 439, and St. 1890, c. 270, for the purpose of constructing and maintaining a main sewer. Trial before Sheldon, J., who ruled that the petition could not be maintained; directed the jury to return a verdict for the respondent; and, at the request of the petitioner, reported the case for the determination of this court.…
1Opinion of the CourtMorton, J.
Under St. 1889, c. 439, as amended by St. 1890, c. 270, the Metropolitan Sewerage Commissioners took an ease*508ment in a strip of land belonging to the petitioner, for the purpose of constructing and maintaining a main sewer. In constructing the sewer they drained the petitioner’s premises and' wells, thereby causing him to lose his crops, and subjecting him to great damage in his business, which was that of a market gardener, and depriving him of the use of the wells for his family and for the purpose of watering his stock. After the sewer was finished the supply of water returned and was as…
2Cases cited12 opinions
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cabot v. KingmanMassachusetts Supreme Judicial Court · 1896
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. HockIllinois Supreme Court · 1886
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3Cited by15 opinions
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1930
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Bailey v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
- Putnam v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1903
10 more not listed; retrieve them via the Exa API.