Wilson v. City of New Bedford
Massachusetts Supreme Judicial Court
Petition to the superior court, filed January 1, 1869, under the St. of 1863, o. 163,* by the owner of a farm, with a dwelling-house and barn thereon, in the town of Acushnet; representing that the city of New Bedford, by virtue of that statute, “has constructed a large dam, reservoir and pond of water, near his said farm, for the purposes mentioned in said statute, thereby causing large quantities of water to flow into and through his said barn cellar and house cellar, and…
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Petition to the superior court, filed January 1, 1869, under the St. of 1863, o. 163,* by the owner of a farm, with a dwelling-house and barn thereon, in the town of Acushnet; representing that the city of New Bedford, by virtue of that statute, “has constructed a large dam, reservoir and pond of water, near his said farm, for the purposes mentioned in said statute, thereby causing large quantities of water to flow into and through his said barn cellar and house cellar, and also making his farm land very wet, cold and heavy, greatly injuring the same and partially destroying his crops,…
1Opinion of the CourtChapman, C. J.
The act of 1863, e. 163, for supplying the city of New Bedford with pure water, grants authority to the city to exercise the right of eminent domain by taking the land and streams therein named, erecting dams and laying water pipes. By § 6, the city is made liable to pay all damages that shall be sustained by any persons in their property by the taking of land, water or water rights, or by the construction of any dams, aqueducts, reservoirs or other works for the purposes of the act. This provision is in conformity with the tenth article of the Declaration of Rights ; and both the grant of…
2Cases cited2 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Ball v. NyeMassachusetts Supreme Judicial Court · 1868
3Cited by51 opinions
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Williams v. City of WichitaSupreme Court of Kansas · 1962
- Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
- Tucker v. BadoianMassachusetts Supreme Judicial Court · 1978
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