Porter v. City of Newton
Massachusetts Supreme Judicial Court
Petition to the Superior Court, alleging that the petitioner was, and had been since January 1, 1877, the owner in fee of a parcel óf land in Newton, with a dwelling-house thereon; that an ancient brook called Cheese Cake Brook flowed through her land, and was a highly ornamental, useful and valuable part thereof, and the water naturally running in said brook was pure, sweet and wholesome, and was used by the petitioner for drinking and other domestic purposes, until the…
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Petition to the Superior Court, alleging that the petitioner was, and had been since January 1, 1877, the owner in fee of a parcel óf land in Newton, with a dwelling-house thereon; that an ancient brook called Cheese Cake Brook flowed through her land, and was a highly ornamental, useful and valuable part thereof, and the water naturally running in said brook was pure, sweet and wholesome, and was used by the petitioner for drinking and other domestic purposes, until the action of the respondent hereinafter mentioned; - that by the St. of 1877, e. 100, the respondent was authorized to widen,…
1Opinion of the CourtField, J.
The St. of 1877, c. 100, authorized the city of Newton “ to widen, deepen and straighten the channel of Cheese Cake Brook, so called, in any portion thereof between its source and its outlet in Charles River in said city, and to drain the lands abutting thereupon and adjacent thereto.” Two orders were passed under this act, but the proceedings under these orders are not complained of here.
It seems clear from the language of the order of September 2, 1878, and from the fact that the appropriation was to be charged *62to the appropriation for sewerage and drainage, that this order was intended as…
2Cases cited4 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Manning v. City of LowellMassachusetts Supreme Judicial Court · 1880
- Inhabitants of Winchester v. County CommissionersMassachusetts Supreme Judicial Court · 1874
3Cited by1 opinion
- Gray v. Inhabitants of EverettMassachusetts Supreme Judicial Court · 1895