Watuppa Reservoir Co. v. Mackenzie
Massachusetts Supreme Judicial Court
Bill in equity, filed December 29, 1879, to restrain the defendant from filling in land, which the plaintiff claimed the right to flow. The answer averred that the defendant was bound to fill the land under two orders of the board of health of the city of Fall River. The first order was as follows: “ January 5, 1880. To Colin Mackenzie, Esq.
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Bill in equity, filed December 29, 1879, to restrain the defendant from filling in land, which the plaintiff claimed the right to flow. The answer averred that the defendant was bound to fill the land under two orders of the board of health of the city of Fall River. The first order was as follows: “ January 5, 1880. To Colin Mackenzie, Esq. You are hereby notified that the board of health require you to fill with cinders, gravel, or some suitable material, your premises bordering on the Fall River stream in such manner as to render the same free from filth and substances producing offensive…
1Opinion of the CourtLord, J.
The plaintiff is a corporation organized under a special charter granted in 1826, by c. 31 of the acts of that year, for the purpose of establishing a reservoir of water in the Watuppa ponds for the benefit of the manufacturing establishments on the Fall River; and it had a special authority to make reserves of water by erecting a dam across the outlet of the Watuppa ponds two feet higher than the dam already erected by the Troy Cotton and Woollen Manufactory, and to draw off said reserved water in such quantities, at such times, and in such manner as it should deem best for all concerned;…
2Cited by10 opinions
- Inhabitants of Belmont v. New England Brick Co.Massachusetts Supreme Judicial Court · 1906
- Kansas Investment Co. v. CarterMassachusetts Supreme Judicial Court · 1894
- Trudeau v. FieldSupreme Court of Vermont · 1897
- Clifton v. Watuppa Reservoir Co.Massachusetts Supreme Judicial Court · 1922
- State v. Board of HealthSupreme Court of New Jersey · 1898
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