Coomes v. Burt
Massachusetts Supreme Judicial Court
This was a petition to the Court of Common Pleas, (pursuant to Revised Stat. c. 115,) in which the petitioners, Horatio Coomes, Asa Colton and James Bliss, represented that they were the major part in interest of the proprietors of certaus meadow lands in Longmeadow, watered by a small stream which also ran through the lands of William Burt and Dimomd Chandler ; and that it would be beneficial to the lands of the petitioners and all persons concerned, that such stream should…
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This was a petition to the Court of Common Pleas, (pursuant to Revised Stat. c. 115,) in which the petitioners, Horatio Coomes, Asa Colton and James Bliss, represented that they were the major part in interest of the proprietors of certaus meadow lands in Longmeadow, watered by a small stream which also ran through the lands of William Burt and Dimomd Chandler ; and that it would be beneficial to the lands of the petitioners and all persons concerned, that such stream should be diverted from its present course, “ commencing at the line between the lands of said William Burt and Dimond…
1Opinion of the Court
Shaw C. J.
drew up the opinion of the Court. This » case comes oefore the Court, by way of exceptions to'the decision of the Court of Common Pleas, and the Court are therefore confined strictly to the questions of law arising upon the exceptions.
The first question is, whether the Court of Common Pleas put the righ. construction upon the Revised Stat. c. 115, in *424deciding that it does authorise the contemplated improvement, by a change in the course of the brook as proposed. With the utility of this mode of making the improvement, and the judgment of the Court of Common Pleas upon its fitness…
2Cases cited1 opinion
- Colburn v. DownesMassachusetts Supreme Judicial Court · 1813