Legal Opinion

Wamesit Power Co. v. Allen

Massachusetts Supreme Judicial Court

Decided May 6, 1876PublishedCited by 20 opinions

TORT for diverting the water of Sudbury River into Cochituate Lake in 1872, by the defendants, then the members of the Cochituate Water Board of the city of Boston. Writ dated November 20, 1873. Trial in this court, before Morton, J., without a jury, who reported the case for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtMorton, J.

This is an action of tort to recover damages for the diversion of the' water of Sudbury River, to the injury of the plaintiff. The defendants were the members of the Cochituate Water Board of the city of Boston for the year 1872.

To prove the diversion and its extent, the plaintiff put in evidence the report of the water board to the city council of Boston, for the year ending April 30,1873, signed by all the defendants, by which. it appeared that the board, having previously constructed an aqueduct or channel, on June 19, 1872, let the water of the Sudbury River into it, and diverted large…

2Cases cited1 opinion

  1. Wilson v. City of LynnMassachusetts Supreme Judicial Court · 1875

3Cited by20 opinions

  1. National Cash-Register Co. v. LelandCourt of Appeals for the First Circuit · 1899
  2. Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
  3. Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
  4. Lund v. City of New BedfordMassachusetts Supreme Judicial Court · 1876
  5. Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913

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