Legal Opinion

Bowden v. York Shore Water Co.

Supreme Judicial Court of Maine

Decided November 22, 1915PublishedCited by 10 opinions

On report. This is a bill in equity brought by Samuel M. Bowden against the York Shore Water Company, a corporation, asking for an injunction against said York Shore Water Company restraining it and its successors, assigns, attorneys, agents and officers from taking said real estate of said plaintiff, as in said bill set forth, etc. Answer and replication were respectively filed.

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On report. This is a bill in equity brought by Samuel M. Bowden against the York Shore Water Company, a corporation, asking for an injunction against said York Shore Water Company restraining it and its successors, assigns, attorneys, agents and officers from taking said real estate of said plaintiff, as in said bill set forth, etc. Answer and replication were respectively filed. At the conclusion of the evidence in this cause, the same was reported to the Law Court, to be determined upon so much of the foregoing evidence as is admissible, the Law Court to order such decree as justice and…

1Opinion of the CourtSavage, C. J.

Bill in equity praying for an injunction to stay condemnation proceedings by which the defendant is attempting to take the plaintiff’s land by an exercise of the power of eminent domain. The case comes up on report.

The defendant is a water company chartered by the Legislature for the purpose “of supplying the towns of York and Wells, or any part thereof, or residents therein, with pure water for domestic, manufacturing and municipal purposes.” For these purposes, the corporation is authorized by its charter (Private and Special Laws of 1911, ch. 256) “to take, hold, protect and use the water…

2Cases cited10 opinions

  1. Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
  2. Fairchild v. City of St. PaulSupreme Court of Minnesota · 1891
  3. Troy v. PotterSupreme Court of Vermont · 1869
  4. People ex rel. Heyneman v. BlakeCalifornia Supreme Court · 1862
  5. Hagaman v. MooreIndiana Supreme Court · 1882

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3Cited by10 opinions

  1. City of Tacoma v. WelckerWashington Supreme Court · 1965
  2. Finks v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1974
  3. Crommett v. City of PortlandSupreme Judicial Court of Maine · 1954
  4. Opinion of the Justices of the Supreme Judicial Court Given Under the Provisions of Section 3 of Article VI of the Constitution Question Propounded by the Senate in an Order Dated April 17, 1957Supreme Judicial Court of Maine · 1957
  5. Jacobson v. State Ex Rel. State Highway CommissionSupreme Judicial Court of Maine · 1968

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