Sanger v. City of Newton
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed December 23, 1879, alleging that the petitioner was the owner of a certain mill in Watertown, with the privilege and right, as appurtenant thereto, to draw and use the waters of Charles River to run the mill; that within three years last past the respondent had taken the waters of said river, as authorized by chapter 125 of the Acts of 1874, by the construction of dams, galleries and other works; and that the petitioner had thereby…
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Petition to the Superior Court, filed December 23, 1879, alleging that the petitioner was the owner of a certain mill in Watertown, with the privilege and right, as appurtenant thereto, to draw and use the waters of Charles River to run the mill; that within three years last past the respondent had taken the waters of said river, as authorized by chapter 125 of the Acts of 1874, by the construction of dams, galleries and other works; and that the petitioner had thereby suffered damages in his property and water rights, and the respondent had not agreed with him on the damages to be paid…
1Opinion of the CourtMorton, C. J.
Our statutes of amendment are very broad, and authorize the courts to allow amendments in any matter, “ either of form or substance, in any process, pleading or proceeding, which may enable the plaintiff to sustain the action for the cause for which it was intended to be brought, or the defendant to make a legal defence.” Pub. Sts. c. 167, §§ 41, 42, 85. It has been held that, under these provisions, amendments may be allowed by county commissioners to a petition for a jury for the assessment of damages caused by laying out a highway. Grand Junction Railroad & Depot Co. v. County…
2Cases cited2 opinions
- George v. ReedMassachusetts Supreme Judicial Court · 1869
- Inhabitants of Winchester v. County CommissionersMassachusetts Supreme Judicial Court · 1874
3Cited by18 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
- Wise v. OuttrimSupreme Court of Iowa · 1908
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