Lexington Print Works v. Inhabitants of Canton
Massachusetts Supreme Judicial Court
Bill in equity, filed May 26,1896, against the inhabitants of Canton and its board of water commissioners, to have the acts of the defendants in taking or claiming to take the waters of Beaver Brook and its tributaries, and of York Pond and its tributaries, in the towns of Canton and Stoughton, and in filing an instrument descriptive of such taking, declared to be void, and to enjoin the defendants from further diverting the waters above named; and also for damages.
Read the full summary
Bill in equity, filed May 26,1896, against the inhabitants of Canton and its board of water commissioners, to have the acts of the defendants in taking or claiming to take the waters of Beaver Brook and its tributaries, and of York Pond and its tributaries, in the towns of Canton and Stoughton, and in filing an instrument descriptive of such taking, declared to be void, and to enjoin the defendants from further diverting the waters above named; and also for damages. After the former decision, the case came on to be heard, upon the pleadings and the plaintiff’s motion for the appointment of a…
1Opinion of the CourtMorton, J.
After the former decision in this case, reported 167 Mass. 341, in which it was held that the taking under the instrument filed in the registry of deeds on October 12,1894, by the water commissioners was void, the commissioners filed another certificate on March 30, 1897, in which the quantity taken *415was stated as half a million gallons daily, being the amount specified in the vote of the town. The plaintiff does not contest the legality of this last certificate, or of the taking thereunder. The defendants have filed a supplemental answer setting it up, and contends that for all damages caused…
2Cases cited11 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Brande v. GraceMassachusetts Supreme Judicial Court · 1891
- Lund v. City of New BedfordMassachusetts Supreme Judicial Court · 1876
- Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
- Suburban Land Co. v. Town of BillericaMassachusetts Supreme Judicial Court · 1943
- Peabody v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1902
- Banaghan v. MalaneyMassachusetts Supreme Judicial Court · 1908
5 more not listed; retrieve them via the Exa API.