Lund v. City of New Bedford
Massachusetts Supreme Judicial Court
Two actions OF tort for diverting the water of Acushnet River by the defendant into its conduit, on December 15, 1869, and thereafter, above the plaintiffs’ dam.
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Two actions OF tort for diverting the water of Acushnet River by the defendant into its conduit, on December 15, 1869, and thereafter, above the plaintiffs’ dam. Writs dated February 26, 1875. At the trial in this court, before Colt, J., it appeared that the plaintiff in the first action was the legal owner of a mill and mill privilege on the Acushnet River, which privilege had existed for a great many years, and was in existence in 1812 and before; and that the plaintiffs in the second action were partners in the mill business, and jointly possessed, occupied and operated the mill and…
1Opinion of the CourtMorton, J.
The St. of 1863, e. 163, authorizes the city of New Bedford to take, hold and convey into the said city the waters of the Acushnet River and the waters which flow into and from the same, and to take and hold any land or water rights necessary for the purpose of conveying the water into the city. Section 3 provides for the election of three commissioners, who shall superintend and direct all the works, matters and things mentioned in the act, unless otherwise specially provided for, and who “ shall be subject to such ordinances, rules and regulations, in the execution of their said trust, as…
2Cases cited1 opinion
- Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
3Cited by20 opinions
- Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
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