Legal Opinion

Brunswick & Topsham Water District v. Maine Water Co.

Supreme Judicial Court of Maine

Decided December 14, 1904PublishedCited by 30 opinions

On report. Instructions to appraisers in accordance with opinion. Proceedings .under chapter 158, of the Private and Special Laws of 1903. After the appointment of appraisers, the petitioner filed a written request for instructions to the appraisers so appointed. The case was thereupon reported to the Law Court to determine what instructions, if any, should be given to the appraisers so appointed. The case and requested instructions fully appear in the opinion.

1Opinion of the CourtSavage, J.

The Brunswick and Topsham Water District was incorporated by act of the legislature, chapter 158, of the Private and Special Laws of 1903. By section 6 of that act, it was authorized to take, by condemnatory proceedings, the entire plant, property and franchises, rights and privileges of the Maine Water Company, within the district, with the exception of Thompson’s brook and its tributaries. It was also provided in section 7 for the appointment of appraisers by the court, who should, after due notice and hearing, fix the valuation of the plant, property and franchises taken, so that the Maine…

2Cases cited6 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
  3. Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
  4. Covington & Lexington Turnpike Road Co. v. SandfordSupreme Court of the United States · 1896
  5. San Diego Land & Town Co. v. JasperSupreme Court of the United States · 1903

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3Cited by30 opinions

  1. Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
  2. Pioneer Telephone & Telegraph Co. v. WestenhaverSupreme Court of Oklahoma · 1911
  3. New England Telephone & Telegraph Co. v. Public Utilities CommissionSupreme Judicial Court of Maine · 1953
  4. United States v. Boston, C. C. & N. Y. Canal Co.Court of Appeals for the First Circuit · 1921
  5. Puget Sound Electric Railway v. Railroad CommissionWashington Supreme Court · 1911

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