Martin v. Gleason
Massachusetts Supreme Judicial Court
Petition in equity, under the St. of 1884, e. 154,* filed September 4, 1884, by the mayor of the city of Boston, for an injunction to restrain the defendant from discharging human excrement and sewage into Pegan Brook in the town of Natick.
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Petition in equity, under the St. of 1884, e. 154,* filed September 4, 1884, by the mayor of the city of Boston, for an injunction to restrain the defendant from discharging human excrement and sewage into Pegan Brook in the town of Natick. The petition set forth the authority granted to the city by the St. of 1846, c. 167,† to take the waters of Long Pond, and all the waters which may flow into and from the same; and the taking by the city, on August 10, 1846, of all the waters of Long Pond, and also, among other waters which may flow into the same, those of that brook in Natick known as…
1Opinion of the CourtC. Allen, J.
Disregarding punctuation, as may properly be done in construing a statute, (Cushing v. Worrick, 9 Gray, 382, 385,) and looking at the purpose and contemplated scope of the St. of 1846, e. 167, the city of Boston was authorized, by § 1 of that statute, to take the water of Long Pond and the waters which may flow into and from the same and any other ponds and streams within , the distance of four miles from said Long Pond, and any water-rights connected therewith so far as may be necessary for the preservation and purity of the same for the purpose of furnishing a supply of pure water for the…
2Cases cited1 opinion
- Inhabitants of Brookline v. MackintoshMassachusetts Supreme Judicial Court · 1882
3Cited by10 opinions
- Southern Illinois Asphalt Co. v. Environmental Protection AgencyAppellate Court of Illinois · 1973
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1899
- Mitchell v. Superior CourtCalifornia Court of Appeal · 1926
- Metropolitan Sanitary District of Greater Chicago v. United States Steel Corp.Illinois Supreme Court · 1968
- Dunn v. BragerCourt of Appeals of Maryland · 1911
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