Warren v. Spencer Water Co.
Massachusetts Supreme Judicial Court
Petition for the assessment of damages caused by the taking by the respondent, under the.St. of 1882, e. 119,* of the water of Shaw Pond in Leicester, and diverting it from flowing in its natural channel through the petitioner’s land. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: Shaw Pond is one of the great ponds of the Commonwealth, at the outlet of which a dam has existed since the memory of man.
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Petition for the assessment of damages caused by the taking by the respondent, under the.St. of 1882, e. 119,* of the water of Shaw Pond in Leicester, and diverting it from flowing in its natural channel through the petitioner’s land. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: Shaw Pond is one of the great ponds of the Commonwealth, at the outlet of which a dam has existed since the memory of man. The respondent actually took the waters of the pond on January 26,1883. Below the pond the petitioner owned a piece of meadow land,…
1Opinion of the CourtC. Allen, J.
The respondent’s requests for instructions to the jury were material only upon the question of damages. The questions arise thus:
The respondent, acting under its charter, took the water of Shaw Pond in Leicester on January 26, 1883. The petitioner owned land near by, through which the outlet from the pond flowed; and he brought this petition for an assessment of the damages caused by the respondent’s act of taking the water, and diverting it from flowing in its natural channel through his land. Some three miles down stream, the Spencer Wire Company owned mills, and claimed to own the right to…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
3Cited by14 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. CogginsMassachusetts Supreme Judicial Court · 1949
- Nicholas v. Lewis Furniture Co.Massachusetts Supreme Judicial Court · 1935
- Cochrane v. CommonwealthMassachusetts Supreme Judicial Court · 1900
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