Lewis v. City of Boston
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Framingham, and flowing the same with water, on September 22, 1873. Writ dated July 23,1879. Answer, that the acts alleged were done in pursuance of the power conferred upon the defendant by the St. of 1872, c. 177, and that the plaintiff had recovered full damages for the defendant’s acts in the manner provided by said statute.
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Tort for breaking and entering the plaintiff’s close in Framingham, and flowing the same with water, on September 22, 1873. Writ dated July 23,1879. Answer, that the acts alleged were done in pursuance of the power conferred upon the defendant by the St. of 1872, c. 177, and that the plaintiff had recovered full damages for the defendant’s acts in the manner provided by said statute. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on the plaintiff’s appeal, on agreed facts, which, after stating that the pleadings might be referred to,…
1Opinion of the CourtSoule, J.
The injury for which the plaintiff seeks to recover damages resulted from the action of the defendant in connecting the waters of Sudbury River with Lake Cochituate, for the purpose of increasing the water supply of the defendant city. Authority to make this connection was given by the St. of 1872, e. 177, which provided a method by which all injury sustained by any person from the action of the city under the statute, might be ascertained and recovered. The plaintiff has made, his petition in accordance with the provisions of the statute, has recovered judgment for his damages, and the…
2Cases cited3 opinions
- Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
- Wilson v. City of LynnMassachusetts Supreme Judicial Court · 1875
- Spaulding v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Peabody v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1902
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
- Lexington Print Works v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1898
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