Watuppa Reservoir Co. v. City of Fall River
Massachusetts Supreme Judicial Court
Two BILLS in EQUITY, filed in the Superior Court on May 23, 1887, to prevent the taking of water from a great pond by the defendant city, as authorized by the St. of 1886, c. 353.* The cases were heard together, by Mason, J., upon the bills, answers, and an agreed statement of facts, and were as follows.
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Two BILLS in EQUITY, filed in the Superior Court on May 23, 1887, to prevent the taking of water from a great pond by the defendant city, as authorized by the St. of 1886, c. 353.* The cases were heard together, by Mason, J., upon the bills, answers, and an agreed statement of facts, and were as follows. The North Watuppa Pond is a great pond, situated neat the city of Fall River, about four miles long and from three fourths of a mile to a mile and a quarter wide, fed by springs beneath it, the surface water from the surrounding land, and a few insignificant streams, and is connected by a…
1Opinion of the CourtMorton, C. J.
These cases present an important question, not merely on account of the amount involved, but because it affects the rights of the Commonwealth in all the great ponds within its box-ders.
The St, of 1886, c. 353, § 1, provides: “ The right is hex’eby granted to the city of Fall River to draw daily from the North Watuppa Pond, not exceeding one million five hundred thousand gallons of water, in addition to the amount of water already con*553demned by said city under the provisions of chapter one hundred and thirty-three of the acts of the year one thousand eight hundred and seventy-one; and without…
2Cases cited32 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- The Binghamton BridgeSupreme Court of the United States · 1866
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
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3Cited by24 opinions
- St. Anthony Falls Water Power Company v. St. Paul Water Commissioners; Minneapolis Mill Company v. SameSupreme Court of the United States · 1897
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Home for Aged Women v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Proctor v. SimWashington Supreme Court · 1925
- Bernot v. MorrisonWashington Supreme Court · 1914
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