Watuppa Reservoir Co. v. City of Fall River
Massachusetts Supreme Judicial Court
Two BILLS IN EQUITY, filed in the Superior Court, to prevent the taking of water from a great pond by the defendant city, as authorized by the St. of 1886, c. 353. After the former decision, reported in 147 Mass. 548, certain additional facts were incorporated in the agreed statement filed in both cases, and the cases were again heard together before Mason, C. J., who ordered the bills to be dismissed; and the plaintiffs appealed to this court.
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Two BILLS IN EQUITY, filed in the Superior Court, to prevent the taking of water from a great pond by the defendant city, as authorized by the St. of 1886, c. 353. After the former decision, reported in 147 Mass. 548, certain additional facts were incorporated in the agreed statement filed in both cases, and the cases were again heard together before Mason, C. J., who ordered the bills to be dismissed; and the plaintiffs appealed to this court. The facts appear in the opinion. The cases were argued together at the bar, in March, 1891, and afterwards, in September following, were submitted on…
1Opinion of the CourtHolmes, J.
These are the same cases which were reported in 147 Mass. 548. Since that decision other facts have been added to the agreed statement, and the cases have been reargued, with reference not only to the facts now first appearing, but also to the old ones, and we have been asked to reconsider our former judgment. We intend, however, to express no opinion upon the questions passed on then, because, apart from the questions upon which our opinions were divided, we are agreed that the plaintiffs now make a case calling for the interposition of this court.
The plaintiffs are successors in title to…
2Cases cited4 opinions
- Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Litchfield v. Inhabitants of ScituateMassachusetts Supreme Judicial Court · 1883
- Smith v. Moodus Water Power Co.Supreme Court of Connecticut · 1866
3Cited by11 opinions
- United States v. Yonkers Board of EducationDistrict Court, S.D. New York · 1985
- Merrill v. BeckwithMassachusetts Supreme Judicial Court · 1897
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Conant v. JordanSupreme Judicial Court of Maine · 1910
- Inhabitants of Lynnfield v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1914
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