Cowdrey v. Inhabitants of Woburn
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess the damages caused by the taking by the respondent, under the St. of 1871, c. 307, of certain water-rights of the petitioners, the owners of a mill privilege on a brook which was the natural outlet of Horn Pond, a great pond. The jury returned a verdict for the petitioners, which was accepted in the Superior Court; and the respondent appealed to this court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The St. of 1871, c. 307, § 1, authorized the town of Woburn, for the purpose of supplying its inhabitants with water, to take the waters of Horn Pond and the waters which flow into it, and any water-rights connected therewith, and to take and hold, by purchase or otherwise, such land on and around the margin of the pond, not exceeding five rods in width, as may be necessary for the preservation and purity of said waters, and such lands as may be necessary for erecting and maintaining dams and reservoirs, and for laying and maintaining pipes and other works for collecting, conducting, and…
2Cases cited6 opinions
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Bailey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1879
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Mills v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Ætna Mills v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
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3Cited by14 opinions
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889
- Turner v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1913
- Emerson v. City of SomervilleMassachusetts Supreme Judicial Court · 1896
9 more not listed; retrieve them via the Exa API.