Lexington Print Works v. Inhabitants of Canton
Massachusetts Supreme Judicial Court
Bill in equity, filed May 26, 1896, against the inhabitants of Canton and its board of water commissioners, to have the acts of the defendants in taking or claiming to take the waters of Beaver Brook and its tributaries, and of York Pond and its tributaries, in the towns of Canton and Stoughton, and in filing an instrument descriptive of such taking, declared to be void, and to enjoin the defendants from further diverting the waters above named.
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Bill in equity, filed May 26, 1896, against the inhabitants of Canton and its board of water commissioners, to have the acts of the defendants in taking or claiming to take the waters of Beaver Brook and its tributaries, and of York Pond and its tributaries, in the towns of Canton and Stoughton, and in filing an instrument descriptive of such taking, declared to be void, and to enjoin the defendants from further diverting the waters above named. The defendants demurred to the bill for want of equity. Hearing before Allen, J., who sustained the demurrers, and dismissed the bill; and the…
1Opinion of the CourtKnowlton, J.
This is a bill brought to enjoin the defendants from, an alleged unlawful interference with the plaintiff’s water power, used in running its mills and factories. The case comes before us on the plaintiff’s appeal from a decree sustaining the defendants’ demurrer and dismissing the bill. Under the authority of St. 1885, c. 95, and St. 1886, c. 168, the town of Canton could take all the waters of Beaver Brook, on which the plaintiff’s mills were situated, and the waters of several other sources of supply, for the use of the inhabitants of the town. The town duly accepted these acts of the…
2Cases cited7 opinions
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
- Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
- Woodbury v. Marblehead Water Co.Massachusetts Supreme Judicial Court · 1888
- Wilson v. City of LynnMassachusetts Supreme Judicial Court · 1875
- Warren v. Spencer Water Co.Massachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Inhabitants of Rockport v. WebsterMassachusetts Supreme Judicial Court · 1899
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Lexington Print Works v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1898
3 more not listed; retrieve them via the Exa API.