Shaw Stocking Co. v. City of Lowell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Middlesex May 3, 1907, to enjoin the defendant from enforcing a regulation of its water board requiring the installation at the plaintiff’s expense of detective meters to measure the water used by it in its private fire service system. There was a hearing before King, J., and the evidence was taken by a commissioner.
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Bill in equity, filed in the Superior Court for the county of Middlesex May 3, 1907, to enjoin the defendant from enforcing a regulation of its water board requiring the installation at the plaintiff’s expense of detective meters to measure the water used by it in its private fire service system. There was a hearing before King, J., and the evidence was taken by a commissioner. The judge made a decree dismissing the bill, and, the plaintiff appealing therefrom, reported his findings of facts together with the evidence for consideration by this court. The facts are stated in the opinion.
1Opinion of the CourtSheldon, J.
We see no reason to doubt the authority of the water board of the defendant city to make the regulations here in question. These regulations require that all water supplied from the city’s mains to the premises of any water taker for the purposes of a private fire system shall pass through a meter, and that this meter shall be furnished and set by the city at the expense of the owner of the premises served.
Authority to supply water to its citizens was first given to the city of Lowell by St. 1855, c. 435. The third section of this act empowered the city, among other things, to construct and…
2Cases cited7 opinions
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
- Merrimack River Savings Bank v. City of LowellMassachusetts Supreme Judicial Court · 1891
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3Cited by9 opinions
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1924
- Brand v. Water CommissionersMassachusetts Supreme Judicial Court · 1922
- Mallon v. Board of Water CommissionersMissouri Court of Appeals · 1910
- J. W. Edgerly & Co. v. City of OttumwaSupreme Court of Iowa · 1916
- State ex rel. W. J. Armstrong Co. v. City of WasecaSupreme Court of Minnesota · 1913
4 more not listed; retrieve them via the Exa API.