Legal Opinion

Inhabitants of Lynnfield v. Inhabitants of Peabody

Massachusetts Supreme Judicial Court

Decided November 24, 1914PublishedCited by 16 opinions

Five petitions, filed in the Superior Court, the first on May-29, 1906, and the other four on May 4, 1907, under St. 1881, c. 171, §§ 3, 6, for the assessment of damages sustained by the respective petitioners from the taking by the town of Peabody of the waters of Humphrey’s Pond, otherwise known as Suntaug Lake, a natural great pond partly in the town of Peabody and partly in the town of Lynnfield having an area of about one hundred and fifty-four acres, for an addition to…

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Five petitions, filed in the Superior Court, the first on May-29, 1906, and the other four on May 4, 1907, under St. 1881, c. 171, §§ 3, 6, for the assessment of damages sustained by the respective petitioners from the taking by the town of Peabody of the waters of Humphrey’s Pond, otherwise known as Suntaug Lake, a natural great pond partly in the town of Peabody and partly in the town of Lynnfield having an area of about one hundred and fifty-four acres, for an addition to the water supply of the respondent, the waters of the pond first having been diverted by the respondent on December 19,…

1Opinion of the CourtSheldon, J.

Each one of these petitioners claims to hold title under the grant made on May 6, 1635, by the General Court to “John Humfry” of “500 acres of land & a freshe pond, with a little ileland conteyneing aboute two acres.” This grant has been alluded to several times in our reports. Reporter’s note to Commonwealth v. Roxbury, 9 Gray, 451, at page 528. West Roxbury v. Stoddard, 7 Allen, 158, 165. Commonwealth v. Vincent, 108 Mass. 441, 446. Watuppa Reservoir Co. v. Fall River, 147 Mass. 548, 554. It is undisputed that the pond thus granted to Humphrey, the name of which is still Humphrey’s Pond,…

2Cases cited41 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Smith v. . City of RochesterNew York Court of Appeals · 1883
  3. Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
  4. Kean v. Calumet Canal & Improvement Co.Supreme Court of the United States · 1903
  5. Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841

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3Cited by16 opinions

  1. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  2. Tilton v. City of HaverhillMassachusetts Supreme Judicial Court · 1942
  3. Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
  4. Wit v. Commercial Hotel Co.Massachusetts Supreme Judicial Court · 1925
  5. Rudacille v. State Commission on Conservation & DevelopmentSupreme Court of Virginia · 1931

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