Wilson v. City of Lynn

This is an action of tort in the nature of trespass for breaking and entering the plaintiff’s close, digging up and subverting the soil, carrying away large quantities of earth and gravel and inundating thirty acres of land.

The defendant justifies its acts as having been done for the purpose of supplying the city and its inhabitants with pure water, under the St. of 1871, c. 218.

■The first section of that statute authorized the city for that purpose “ to take, hold and convey into and through said city the waters of Breed’s Pond, so called, in said city, and the waters which flow into and…