Mason v. Whitney
Massachusetts Supreme Judicial Court
Bill in equity, filed July 5, 1899, by the proprietors of mills and mill privileges on a natural watercourse called Millers River flowing through the town of Winchendon, against the proprietor of mill privileges and mills appurtenant thereto above them on the stream, to restrain the defendant from preventing the permanent flow of the water of that watercourse and the reservoirs thereof from passing to the several mill privileges or mills of the plaintiffs in the natural,…
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Bill in equity, filed July 5, 1899, by the proprietors of mills and mill privileges on a natural watercourse called Millers River flowing through the town of Winchendon, against the proprietor of mill privileges and mills appurtenant thereto above them on the stream, to restrain the defendant from preventing the permanent flow of the water of that watercourse and the reservoirs thereof from passing to the several mill privileges or mills of the plaintiffs in the natural, ordinary and customary manner and extent during the usual working hours of the daytime of each day; to restrain the…
1Opinion of the CourtKnowlton, C. J.
On Millers River in the town of Winchendon, within a distance of less than two miles, are six mill privileges, each occupied for manufacturing purposes. Altogether they have a head and fall for the use of water power on their several wheels, which amounts to ninety-eight and one half feet. The defendant owns the upper privilege, each of the parties plaintiff owns one of the others, and one is owned by persons who are not connected with this suit. The defendant’s mills *154are near the head of the valley. They have a fall of twenty feet, with a mill pond covering one hundred and ten acres,…
2Cases cited4 opinions
- Bullard v. Saratoga Victory Manufacturing Co.New York Court of Appeals · 1879
- Whitney v. Wheeler Cotton MillsMassachusetts Supreme Judicial Court · 1890
- Keeney & Wood Manufacturing Co. v. Union Manufacturing Co.Supreme Court of Connecticut · 1873
- Hazard Powder Co. v. Somersville Manufacturing Co.Supreme Court of Connecticut · 1905
3Cited by7 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Taft v. Bridgeton Worsted Co.Massachusetts Supreme Judicial Court · 1921
- Goodrich v. McMillanMichigan Supreme Court · 1922
- Duncan v. New England Power Co.Massachusetts Supreme Judicial Court · 1924
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