Hittinger v. Eames
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant from cutting ice in Fresh Pond. The case was heard on the pleadings and proofs before Ames, J., who reported it to the full court in substance as follows: Fresh Pond contains about one hundred and eighty-three acres, and the plaintiff and those under whom he claims and whose estate he possesses have annually, for more than fifty years, cut and taken ice from the surface of the pond, as an article of merchandise, and the right of the…
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Bill in equity to restrain the defendant from cutting ice in Fresh Pond. The case was heard on the pleadings and proofs before Ames, J., who reported it to the full court in substance as follows: Fresh Pond contains about one hundred and eighty-three acres, and the plaintiff and those under whom he claims and whose estate he possesses have annually, for more than fifty years, cut and taken ice from the surface of the pond, as an article of merchandise, and the right of the plaintiff, if he has any, to cut and take ice, was and is of great value. In 1840, disputes arose among the owners of the…
1Opinion of the CourtGray, C. J.
By the law of Massachusetts, great ponds, not appropriated before the Colony Ordinance of 1647 to private persons, are public property, the right of reasonably using and enjoying which, for taking ice for use or sale, as well as for fishing and fowling, boating, skating, and other lawful purposes, is common to all, and in the water or ice of which, or in the land under them, the owners of the shores have no peculiar right, except by grant from the Legislature, or by prescription, which implies a grant. Anc. Chart. 148. Cummings v. Barrett, 10 Cush. 186. West Roxbury v. Stoddard, 7 Allen, 158.…
2Cases cited9 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Butler v. Attorney GeneralMassachusetts Supreme Judicial Court · 1907
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Inhabitants of Lynnfield v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1914
10 more not listed; retrieve them via the Exa API.