Carville v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on October 19, 1903, and amended on December 23, 1903, and January 30, 1904, under St. 1895, c. 488, and acts in amendment thereof, for the assessment of damages for the taking by the metropolitan water board of Carville Pond in Clinton and an alleged prescriptive easement in gross claimed by the petitioner to maintain that pond for the purpose of cutting ice and for other purposes.
Read the full summary
Petition, filed in the Supreme Judicial Court on October 19, 1903, and amended on December 23, 1903, and January 30, 1904, under St. 1895, c. 488, and acts in amendment thereof, for the assessment of damages for the taking by the metropolitan water board of Carville Pond in Clinton and an alleged prescriptive easement in gross claimed by the petitioner to maintain that pond for the purpose of cutting ice and for other purposes. After the decision reported in 189 Mass. 273, the case was tried before Braley, J., who ruled that on all the evidence the petitioner was not entitled to recover, and…
1Opinion of the CourtKnowlton, C. J.
The petitioner claims damages under the St. 1895, c. 488, and the amendments thereto, for property taken by the metropolitan water board for the Wachusett reservoir. See Carville v. Commonwealth, 189 Mass. 278. The instrument of taking was recorded on May 20, 1898. The property is an alleged right to use a pond on land formerly belonging to the petitioner’s father, Daniel W. Carville, for the cutting of ice for the market. This land was taken by the instrument referred to, and it was also conveyed by Daniel W. Carville to the Commonwealth by a duly executed deed. There was testimony that at…
2Cases cited5 opinions
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Mayor, Aldermen & Commonalty v. George LawNew York Court of Appeals · 1891
- Amidon v. HarrisMassachusetts Supreme Judicial Court · 1873
- French v. MorrisMassachusetts Supreme Judicial Court · 1869
- Poull v. MockleyWisconsin Supreme Court · 1873
3Cited by4 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Denardo v. StantonMassachusetts Appeals Court · 2009
- McDermott v. DoddMassachusetts Supreme Judicial Court · 1950
- Bates Sand & Gravel Co. v. CommonwealthMassachusetts Appeals Court · 1979