Moulton v. Newburyport Water Co.
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages caused to the petitioners by the taking, by the respondent, of certain lands, springs, and water, under the St. of 1880, a. 235.* Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The petitioners offered evidence tending to prove that their lands taken were full of springs affording a part of the water taken by the respondent; that a part of the water…
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Petition to the Superior Court for a jury to assess the damages caused to the petitioners by the taking, by the respondent, of certain lands, springs, and water, under the St. of 1880, a. 235.* Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The petitioners offered evidence tending to prove that their lands taken were full of springs affording a part of the water taken by the respondent; that a part of the water taken flowed from a spring upon land adjoining that of the petitioners, and the water from this spring flowed in an ancient…
1Opinion of the CourtC. Allen, J.
1. We are not called upon to determine whether or not the petitioners would have had a right to dispose " of all the water running in the brook, if they had owned the land upon both sides of it down to the place where it emptied into tide-water at low tide. That question does not arise in this case, and is left open for future determination. It cannot be said, as the petitioners contend, that no one but the petitioners had any interest in the stream, because at its mouth there was a public landing, one side of which bounded on the brook. For all that we know to the contrary, the water from…
2Cases cited6 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Board of Trustees v. HavenIllinois Supreme Court · 1850
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Alloway v. NashvilleTennessee Supreme Court · 1890
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- City of Stockton v. EllingwoodCalifornia Court of Appeal · 1929
- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1911
42 more not listed; retrieve them via the Exa API.