Legal Opinion

Rockport Water Co. v. Inhabitants of Rockport

Massachusetts Supreme Judicial Court

Decided May 15, 1894PublishedCited by 17 opinions

1Opinion of the CourtHolmes, J.

This is a bill in equity to enjoin the defendants from preventing the plaintiff’s laying down water pipes under its charter. The defendant town has voted unanimously to take the plaintiff’s franchise and property, and intends to prevent the plaintiff from going on with its work. It has not paid or tendered any sum of money as • the price, and the plaintiff has not stated the amount of its claim.

By § 7 of the plaintiff’s charter, (St. 1893, c. 281,) the town has the right to take, by purchase or otherwise, the plaintiff’s franchise and corporate property “ on payment to said corporation of the…

2Cases cited4 opinions

  1. Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
  2. Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
  3. Brickett v. Haverhill Aqueduct Co.Massachusetts Supreme Judicial Court · 1886
  4. Woodbury v. Marblehead Water Co.Massachusetts Supreme Judicial Court · 1888

3Cited by17 opinions

  1. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
  2. Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
  3. Town of Oxford v. Oxford Water Co.Massachusetts Supreme Judicial Court · 1984
  4. Selectmen of Clinton v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  5. Commissioner of Banks v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1922

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