Bailey v. Inhabitants of Woburn
Massachusetts Supreme Judicial Court
Petition to the county commissioners of Middlesex, by the owner of a mill and water privilege on a natural stream running from Horn Pond in Woburn, for a jury to assess the damages sustained by Mm tMougk the diversion of the waters of Horn Pond from that stream by the respondent in constructing and maintaining its water-works under the St. of 1871, e. 307. Trial before a sheriff’s jury, who returned a verdict for the petitioner for a less amount than that claimed by Mm.
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Petition to the county commissioners of Middlesex, by the owner of a mill and water privilege on a natural stream running from Horn Pond in Woburn, for a jury to assess the damages sustained by Mm tMougk the diversion of the waters of Horn Pond from that stream by the respondent in constructing and maintaining its water-works under the St. of 1871, e. 307. Trial before a sheriff’s jury, who returned a verdict for the petitioner for a less amount than that claimed by Mm. In the Superior Court, Colburn, J., ordered the verdict to be accepted against the objection of both parties; and they…
1Opinion of the CourtEsdicott, J.
The town of Woburn was authorized by the St. of 1871, e. 307, “to take, hold and convey to, into and through said town, the waters of Horn Pond, so called, in Woburn, or the waters of any other pond in Woburn,” for the purpose of supplying its inhabitants with pure water. Full authority is given to the town to take land for tMs purpose, and to construct all works necessary for the distribution of the water; and provision is made that the town shall be liable for all damages caused by such taking and construction, which may be assessed in the manner provided by law with respect to land taken…
2Cases cited1 opinion
- Mills v. County CommissionersMassachusetts Supreme Judicial Court · 1871
3Cited by24 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- City of Emporia v. SodenSupreme Court of Kansas · 1881
- Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
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