Brickett v. Haverhill Aqueduct Co.
Massachusetts Supreme Judicial Court
Tort for diverting and obstructing a watercourse, and thereby preventing water from flowing through the plaintiff’s land. Trial in the Superior Court, before Staples, J., who ruled that the plaintiff could not maintain his action ; ordered a verdict for the defendant; and, at the request of the parties, reported the case for the determination of this court.
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Tort for diverting and obstructing a watercourse, and thereby preventing water from flowing through the plaintiff’s land. Trial in the Superior Court, before Staples, J., who ruled that the plaintiff could not maintain his action ; ordered a verdict for the defendant; and, at the request of the parties, reported the case for the determination of this court. If the ruling was erroneous, the verdict was to be set aside and a new trial granted; otherwise, the verdict was to stand. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
It does ■ not appear by this record when the defendant was incorporated. It has been in existence many years, and we presume it was organized under the St. of 1798, e. 59.
In 1867, the legislature recognized it as an existing corporation, and conferred upon it the power “to take and use the waters of Round Pond and Plug Pond, so called, and Kenoza Lake in the town of Haverhill, to supply the inhabitants of said town with water by an aqueduct, and to enter upon, take, and dig up any and all lands necessary for laying and maintaining aqueduct pipés, reservoirs, gates, dams, or other works,…
2Cases cited2 opinions
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1883
3Cited by19 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
- Loverin v. McLaughlinIllinois Supreme Court · 1896
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Old Colony Railroad v. Framingham Water Co.Massachusetts Supreme Judicial Court · 1891
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