Inhabitants of Quincy v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity, filed October 10, 1888, to restrain the city of Boston from excavating highways in the town of Quincy, in laying water pipes from the Chestnut Hill Reservoir to Long Island in Boston Harbor, by way of Moon Island. Hearing on the pleadings and agreed facts before Field, J., who reserved the case for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The question before us is whether St. of 1846, c. 167, and St. of 1872, c. 177, authorized the city of Boston to lay water pipes from the Chestnut Hill Reservoir, along a public highway in and belonging to the town of Quincy, for the purpose of conducting water to Long Island in Boston Harbor, by way of Moon Island.
This is not a question of direct conflict between the two public uses, the waterworks and the highways, so that we get but little light from cases like Newburyport Turnpike v. Eastern Railroad, 23 Pick. 326, 327, Springfield v. Connecticut River Railroad, 4 Cush. 63, 72, and…
2Cited by3 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Inhabitants of Needham v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- Caldwell & Drake v. SchmulbachDistrict Court, N.D. West Virginia · 1909