Danforth v. Groton Water Co.
Massachusetts Supreme Judicial Court
Two PETITIONS to the Superior Court for a jury to assess damages for the taking of certain alleged water rights by the respondent under its charter, St. 1897, c. 338, filed October 19, 1898. At the hearing in the Superior Court, before Braley, J., the respondent moved to dismiss the petitions for want of jurisdiction of that court on the ground that no application had been made in the first instance to the county commissioners of Middlesex County for an estimate of the…
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Two PETITIONS to the Superior Court for a jury to assess damages for the taking of certain alleged water rights by the respondent under its charter, St. 1897, c. 338, filed October 19, 1898. At the hearing in the Superior Court, before Braley, J., the respondent moved to dismiss the petitions for want of jurisdiction of that court on the ground that no application had been made in the first instance to the county commissioners of Middlesex County for an estimate of the damages suffered by the petitioners, and that it did not appear that the county commissioners had ever made any estimate of…
1Opinion of the CourtHolmes, C. J.
These are petitions to the Superior Court for a jury to assess damages for the taking of water rights. The respondent filed motions to dismiss on the ground that the petitioners had not applied first to the county commissioners. The Superior Court dismissed the petitions, and on report its action was sustained by this court. 176 Mass. 118. - The decision was rendered on May 17, 1900. On May 3 had been passed c. 299 of the statutes of that year, but it escaped every one’s attention until after the rescript had gone. A rehearing subsequently was granted by agreement of all concerned, on the…
2Cases cited11 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
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