Cheshire v. Adams & Cheshire Reservoir Co.
Massachusetts Supreme Judicial Court
Petition under the St. of 1873, c. 144, for a sheriff’s jury to assess the damages caused to the petitioner by the doings of the county commissioners in permitting the respondent to raise a dam owned by it so as to injure certain roads which the petitioner was bound to keep in repair. The jury, under the instructions of the presiding officer, returned a verdict for the petitioner. The verdict was certified to and accepted by the Superior Court; and the respondent appealed.
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Petition under the St. of 1873, c. 144, for a sheriff’s jury to assess the damages caused to the petitioner by the doings of the county commissioners in permitting the respondent to raise a dam owned by it so as to injure certain roads which the petitioner was bound to keep in repair. The jury, under the instructions of the presiding officer, returned a verdict for the petitioner. The verdict was certified to and accepted by the Superior Court; and the respondent appealed. The facts of the case appear in the opinion.
1Opinion of the CourtEndicott, J.
The question here raised involves the construction of the St. of 1873, c. 144, which purports to be an act in addition to the acts for the erection and regulation of mills. At the time of its passage the owner of a dam had no authority under *357the mill act, Gen. Sts. c. 149, to flow any town way or highway. Persons whose land is overflowed, or otherwise injured by a dam, may obtain compensation therefor; but there being no provision for subjecting land devoted to the public easement of a way to flowage, or regulating in what manner it may be done, it is to be presumed that no encroachment on…
2Cases cited2 opinions
- Perley v. ChandlerMassachusetts Supreme Judicial Court · 1810
- Case of the Northampton BridgeMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1900
- In re Certain Land in LawrenceDistrict Court, D. Massachusetts · 1902
- Corcoran v. HigginsMassachusetts Supreme Judicial Court · 1907
- McHugh v. City of BostonMassachusetts Supreme Judicial Court · 1899
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