Old Colony Railroad v. Framingham Water Co.
Massachusetts Supreme Judicial Court
Bill in equity, praying that the defendant be enjoined from making use of certain lands and rights of way, adjacent to Farm Pond in Framingham, which the plaintiff claimed to own and hold under its franchise for railroad purposes, and which were claimed by the defendant under a taking by virtue of its act of incorporation. The case was heard before Meld, C. J., who reported it for the consideration of the full court, in substance as follows.
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Bill in equity, praying that the defendant be enjoined from making use of certain lands and rights of way, adjacent to Farm Pond in Framingham, which the plaintiff claimed to own and hold under its franchise for railroad purposes, and which were claimed by the defendant under a taking by virtue of its act of incorporation. The case was heard before Meld, C. J., who reported it for the consideration of the full court, in substance as follows. The defendant corporation was created by the St. of 1884, c. 271, and in pursuance thereof acquired the right to take and hold the waters of Farm Fond…
1Opinion of the CourtKnowlton, J.
We will assume in favor of the plaintiff, without deciding, that the land taken by the defendant had been appropriated by the plaintiff to a public use, and that the plaintiff’s right to it was in all respects as beneficial in reference to a subsequent exercise by the Legislature of the right of eminent domain over it as if it had originally been taken by the railroad company under authority of the statute. There can be no doubt that the Legislature may take, or authorize a corporation to take, land for a public use, which has previously been appropriated by legislative authority to a…
2Cases cited10 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Brickett v. Haverhill Aqueduct Co.Massachusetts Supreme Judicial Court · 1886
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3Cited by24 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
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- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
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