Burnett v. Commonwealth
Massachusetts Supreme Judicial Court
Bill in equity, filed May 24, 1897, in the Superior Court, by the trustees under the will of Joseph Burnett, against the Common wealth, and Henry H. Sprague, Wilmot B. Evans, and Henry P. Walcott, the commissioners constituting the Metropolitan Water Board, appointed under St. 1895, c. 488, to restrain the doing of certain acts on the plaintiffs’ land in Southborough. Hearing before Dunbar, J., who dismissed the bill, with costs; and the plaintiffs appealed to this court.
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Bill in equity, filed May 24, 1897, in the Superior Court, by the trustees under the will of Joseph Burnett, against the Common wealth, and Henry H. Sprague, Wilmot B. Evans, and Henry P. Walcott, the commissioners constituting the Metropolitan Water Board, appointed under St. 1895, c. 488, to restrain the doing of certain acts on the plaintiffs’ land in Southborough. Hearing before Dunbar, J., who dismissed the bill, with costs; and the plaintiffs appealed to this court. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
This is a bill in equity, brought in the Superior Court by the trustees under the will of Joseph Burnett, against the Commonwealth and the commissioners constituting the Metropolitan Water Board, appointed under St. 1895, c. 488. The cause, it is conceded, was heard in the Superior Court upon the *419bill, and upon what is called the further answer of the defendants, and upon a stipulation signed by counsel in the nature of an agreed statement of some of the facts. A decree was entered in that court, dismissing the bill, with costs, and the plaintiffs appealed. It appears that the plaintiffs…
2Cases cited8 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
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