Clark v. City of Worcester
Massachusetts Supreme Judicial Court
Petition under the St. of 1867, c. 106, for a jury to assess damages for the taking of land by the respondent for the construction of the Mill Brook Sewer in Worcester.
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Petition under the St. of 1867, c. 106, for a jury to assess damages for the taking of land by the respondent for the construction of the Mill Brook Sewer in Worcester. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows : It appeared that the respondent took, in constructing its sewer, a strip of the petitioner’s land seventeen feet wide, being the westerly half of its location where it abutted on the petitioner’s remaining land; and that the sewer extended a mile each way from the petitioner’s land. The order of taking was as follows :…
1Opinion of the CourtColt, J.
The city of Worcester, by the St. of 1867, e. 106, was authorized to alter and deepen the channels of several brooks, whose names are given; to enclose them in walls, and to cover them so far as might be adjudged necessary for purposes of sewerage, drainage and the public health. The right to take land and water rights was given, subject to the payment of damages, to be assessed in the same manner and upon the same principles as damages are assessed in the laying out of highways. *230Under this authority, Mill Brook, where it passed through the petitioner’s land, was laid out as a main drain and…
2Cases cited5 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Workman v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- Sexton v. Inhabitants of North BridgewaterMassachusetts Supreme Judicial Court · 1874
- Butler v. City of WorcesterMassachusetts Supreme Judicial Court · 1873
3Cited by19 opinions
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Cohen v. PriceMassachusetts Supreme Judicial Court · 1930
- Gardner v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
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