Woodward v. City of Worcester
Massachusetts Supreme Judicial Court
Bill IK equity to restrain the defendant from turning the sewage matter of a part of the Mill Brook sewer, in Worcester, upon the plaintiffs’ land, and for damages, and for further relief. Hearing upon the bill, answer, replication, and a report of a master, before Devens, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtLord, J.
The city of Worcester, for the purposes of sewerage, has the right by the St. of 1867, c. 106, to fix the boundaries of certain brooks, among which is Mill Brook, and may “ alter, change, widen, straighten and deepen the channels of said brooks, and remove obstructions therefrom, and may use and appropriate said brooks, cover them, pave and enclose them in retaining walls, so far as they shall adjudge necessary for purposes of sewerage, drainage and the public health.”
The precise question submitted for our determination is quite simple. The course of Mill Brook southerly from Green Street…
2Cases cited2 opinions
- Washburn & Moen Manufacturing Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- Fay v. WhitmanMassachusetts Supreme Judicial Court · 1868
3Cited by8 opinions
- Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
- Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
- Harris v. MackintoshMassachusetts Supreme Judicial Court · 1882
- Harrington v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
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