Duncan v. New England Power Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 24, 1916, by the owners of real estate with buildings thereon abutting upon or near the Deerfield River in the town of Charlemont, praying that the defendants be enjoined from continuing to maintain a certain dam across that river owned by the defendant New England Power Company, mortgaged to the defendant New England Trust Company and leased to the defendant Connecticut River Transmission Company.
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Bill in equity, filed in the Supreme Judicial Court on January 24, 1916, by the owners of real estate with buildings thereon abutting upon or near the Deerfield River in the town of Charlemont, praying that the defendants be enjoined from continuing to maintain a certain dam across that river owned by the defendant New England Power Company, mortgaged to the defendant New England Trust Company and leased to the defendant Connecticut River Transmission Company. The defendants filed pleas in bar, alleging that the dam in question was erected and maintained under the mill act contained in R. L.…
1Opinion of the CourtLoring, J.
The pleas in bar filed in this case present this question: Is a mill operated by water power to generate electricity to be transmitted and sold a water mill within R. L. c. 196, § 1?
It seems to have been assumed in this Commonwealth that it is. It was so assumed in Rourke v. Central Massachusetts Electric Co. 177 Mass. 46. And in Otis Co. v. Ludlow Manuf. Co. 186 Mass. 89, it was assumed that mills operated by water power to generate electricity to be used as the motive power of cotton and *157cordage mills owned by the same corporations were water mills within the act. Finally the point was so…
2Cases cited6 opinions
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
- Southwest Missouri Light Co. v. ScheurichSupreme Court of Missouri · 1903
- Otis Co. v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1904
- Drake v. Hamilton Woolen Co.Massachusetts Supreme Judicial Court · 1868
- Rourke v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boston & Maine Railroad v. Town of BillericaMassachusetts Supreme Judicial Court · 1928
- Barnes v. PeckMassachusetts Supreme Judicial Court · 1933
- Dickinson v. New England Power Co.Massachusetts Supreme Judicial Court · 1926
- Brown v. DeNormandieSupreme Judicial Court of Maine · 1924
- Davenport v. Town of DanversMassachusetts Supreme Judicial Court · 1955
3 more not listed; retrieve them via the Exa API.