Clapp v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court for the assessment of damages by the taking by the respondent, under the St. of 1872, c. 177, of land of the petitioner, and of a certain right to take water from the land of another person.
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Petition to the Superior Court for the assessment of damages by the taking by the respondent, under the St. of 1872, c. 177, of land of the petitioner, and of a certain right to take water from the land of another person. Trial before Gardner, J., who allowed a bill of exceptions, in substance as follows : On October 26, 1852, John W. Olmstead conveyed to Albert Ballord, the right to maintain a dam, then built across a small brook running into Stony Brook, and also a well already sunk below the dam, and an hydraulic ram, by the means of which and of pipes water was forced and conveyed to the…
1Opinion of the CourtW. Allen, J.
The only question presented by these exceptions is, whether the petitioner can recover damages for the interference by the respondent with the use of the well and hydraulic ram situated on the land of Lewis. The right granted by Olmstead to Ballord was to maintain the then existing well and ram, and, if this easement was not extinguished by the location of the highway through the land and the consequent abandonment of the easement by the petitioner, it could not be changed by him to a different place on the same parcel of land.
The case finds that the well and ram were placed by the…
2Cases cited1 opinion
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- MacLeod v. DavisMassachusetts Supreme Judicial Court · 1935
- Hodgkins v. FarringtonMassachusetts Supreme Judicial Court · 1889
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Elsberry v. SextonSupreme Court of Florida · 1911
- Radican v. HughesSupreme Court of Connecticut · 1913
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