Tyler v. Inhabitants of Hudson
Massachusetts Supreme Judicial Court
Petition for the assessment of damages for land taken by the town of Hudson, under the St. of 1883, c. 149, on Gates Pond, a great pond in Berlin. Trial in the Superior Court, before Barker, J., who, after a verdict for the petitioners, allowed a bill of exceptions, which, so far as material, appear in the opinion.
1Opinion of the CourtW. Allen, J.
In the year 1867, one Sawyer, the owner of a tract of land containing about eighty acres, bounding on a great pond, called Gates Pond, granted to Francis Brigham, his heirs and assigns, “ the right and privilege forever to flow and cover with water four acres and forty-eight rods of my land bordering on Gates Pond,” reference being made to a plan for a more particular description of the land, “ and the said Brigham has the right to raise the water in said pond to a bolt in a rock, situated on the northerly margin of that part of said land which has formerly been used as a meadow.” Brigham,…
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