General v. Woods
Massachusetts Supreme Judicial Court
INTORMATION in equity, filed by the attorney general on August 1, 1870, at the relation of the harbor commissioners, to restrain the building and rebuilding of a dam across Mystic River, a little below the lower Mystic Pond, to the obstruction of the waters of the river and of the enjoyment thereof, and to the great injury, and common and public nuisance of all the citizens, and a public nuisance under the St. of 1866, e. 149, at a place alleged to be within the tide waters…
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INTORMATION in equity, filed by the attorney general on August 1, 1870, at the relation of the harbor commissioners, to restrain the building and rebuilding of a dam across Mystic River, a little below the lower Mystic Pond, to the obstruction of the waters of the river and of the enjoyment thereof, and to the great injury, and common and public nuisance of all the citizens, and a public nuisance under the St. of 1866, e. 149, at a place alleged to be within the tide waters flowing into the harbor of Boston, at which the sole property in the bed of the river was in the Commonwealth, and at…
1Opinion of the CourtChapman, C. J.
The information is filed at the relation of the harbor commissioners of the Commonwealth to restrain the rebuilding of a dam across Mystic River, a small stream flowing into Boston harbor. It has been used from time immemorial for pleasure boating between the harbor and Mystic Pond, which is situated a short distance above the dam. Since 1851, pleasure boats have passed the dam daily during the summer, and their passage has been seriously obstructed by the dam.
It is denied by the defendant that the river at this place is within tide water, because, it is said, although the rise and fall there…
2Cases cited2 opinions
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
3Cited by40 opinions
- In Re DebsSupreme Court of the United States · 1895
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- State v. GoodnightTexas Supreme Court · 1888
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