Jenks v. Mayor of Taunton
Massachusetts Supreme Judicial Court
Petition, filed on January 26, 1917, for a writ of certiorari to quash the proceedings for the taking of land of the petitioner on the shore of Assowompsett Pond purporting to be authorized by St. 1875, c. 217, and St. 1893, c. 402; and also a Bill in equity, filed in the Supreme Judicial Court on January 18, 1917, by the same landowner to restrain the city of Taunton from unlawfully taking his land under pretended authority of the statutes named.
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Petition, filed on January 26, 1917, for a writ of certiorari to quash the proceedings for the taking of land of the petitioner on the shore of Assowompsett Pond purporting to be authorized by St. 1875, c. 217, and St. 1893, c. 402; and also a Bill in equity, filed in the Supreme Judicial Court on January 18, 1917, by the same landowner to restrain the city of Taunton from unlawfully taking his land under pretended authority of the statutes named. The cases came on to be heard together before Pierce, J., who reserved them for determination by the full court. St. 1875, c. 217, § 1, is as…
1Opinion of the CourtDe Courcy, J.
By the “.Act to provide the city of Taunton with pure water,” St. 1875, c. 217, the city was authorized “to take and hold the waters of either Taunton River ... or Elders’ and Assowompsett ponds . . . and the waters . . . which flow into said ponds, together with any water rights connected therewith.” It seems clear from the context, and from the location and water sheds of the river and the ponds, that "either” was used in the sense of one of two alternatives. The city could take the waters of one or the other of two sources of supply. It could not take both:
Under the authority of this…
2Cases cited6 opinions
- N. Ward Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1914
- Bishop v. North Adams Fire DistrictMassachusetts Supreme Judicial Court · 1897
- Old Colony Railroad v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Comiskey v. City of LynnMassachusetts Supreme Judicial Court · 1917
- Excelsior Needle Co. v. City Council of SpringfieldMassachusetts Supreme Judicial Court · 1915
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3Cited by4 opinions
- Burnham v. Mayor & Aldermen of BeverlyMassachusetts Supreme Judicial Court · 1941
- Board of Assessors of Holyoke v. State Tax CommissionMassachusetts Supreme Judicial Court · 1969
- Town of Holliston v. Holliston Water Co.Massachusetts Supreme Judicial Court · 1940
- State Ex Rel. Dabney v. JohnsonSupreme Court of Oklahoma · 1927