Merrimack River Savings Bank v. City of Lowell
Massachusetts Supreme Judicial Court
Action, described in the writ as in contract or tort, for shutting off the supply of water from the plaintiff’s premises, situated on Mill Street, in Lowell. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows. The following facts were agreed.
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Action, described in the writ as in contract or tort, for shutting off the supply of water from the plaintiff’s premises, situated on Mill Street, in Lowell. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows. The following facts were agreed. The defendant city was empowered by the St. of 1855, c. 485, and by subsequent acts,* to take and hold lands, and to do other requisite acts, and to make rules and regulations for furnishing a supply of water for the use of the city and its inhabitants. By its ordinances the defendant…
1Opinion of the CourtKnowlton, J.
The most important question in this case is whether a city or town which is authorized by statute to furnish water to its inhabitants, to be paid for by them, and which has received from a householder payment in advance for water to be furnished, and has arbitrarily cut off his supply, can be held liable in damages in an action at law.
By the St. of 1855, c. 435, and by subsequent statutes, the city of Lowell is authorized to take water from the Merrimack River, to take and hold lands, lay down and maintain aqueducts and pipes from the river into and about the city, and to dp all other acts…
2Cases cited2 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Stock v. City of BostonMassachusetts Supreme Judicial Court · 1889
3Cited by15 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
- Farmer v. Mayor of NashvilleTennessee Supreme Court · 1912
- Jones v. NashvilleTennessee Supreme Court · 1902
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