Legal Opinion

Newburyport Water Co. v. City of Newburyport

Massachusetts Supreme Judicial Court

Decided June 14, 1897PublishedCited by 15 opinions

Petition under St. 1894, c. 474, for the appointment of three commissioners to determine the valuation of the petitioner’s water plant purchased by the respondent city.* The court appointed Everett C. Bumpus, John R. Freeman, and John W. Ellis, commissioners, and they made the following report: The company, acting under St. 1880, c. 235, entitled “An Act to incorporate the Newburyport Water Company,” built its water works and supplied water to the inhabitants of the city of…

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Petition under St. 1894, c. 474, for the appointment of three commissioners to determine the valuation of the petitioner’s water plant purchased by the respondent city.* The court appointed Everett C. Bumpus, John R. Freeman, and John W. Ellis, commissioners, and they made the following report: The company, acting under St. 1880, c. 235, entitled “An Act to incorporate the Newburyport Water Company,” built its water works and supplied water to the inhabitants of the city of Newburyport from 1881 until the transfer of the property to the city on January 29,1895. At this time the company was…

1Opinion of the CourtHolmes, J.

The price to be paid by the city of Newburyport to the Newburyport Water Company for what it purchases under St. 1894, c. 474, is not left to the discretion of the commissioners. A rule is given to them by the statute, and it is not improper that the manner in which that rule has been interpreted and carried out should be reported for the supervision of this court before the acceptance of their report. Kingman, ¡petitioner, 153 Mass. 566, 579. We are not disposed to criticise even the reporting of questions of evidence by agreement of parties, so far as it may seem possible that they had a…

2Cases cited8 opinions

  1. Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
  2. KingmanMassachusetts Supreme Judicial Court · 1891
  3. Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
  4. Sawyer v. City of BostonMassachusetts Supreme Judicial Court · 1887
  5. Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895

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3Cited by15 opinions

  1. Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
  2. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  3. Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
  4. Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
  5. Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916

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