Washburn & Moen Manufacturing Co. v. City of Worcester
Massachusetts Supreme Judicial Court
Petition to the Superior Court, to recover damages for the taking of the waters of Mill Brook in the respondent city. Trial in the Superior Court, before Blodgett, J., who refused to rule as requested by the petitioner, and ordered a verdict for the respondent; and the petitioner alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
Thé St. of 1867, c. 106, § 2, gives the city council of Worcester authority to “fix the boundaries of Mill Brook,” and other brooks therein named, to “alter, change, widen, straighten, and deepen the channels of said brooks and remove obstructions therefrom,” and to “ use and appropriate said brooks, cover them, pave and enclose them in retaining walls, so far as they shall adjudge necessary for purposes of sewerage, drainage, and the public health.” Section 8 authorizes the city council to take and hold land, water rights, dams, or other real estate- for the purposes above mentioned, and…
2Cases cited8 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Bailey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1879
- Butler v. City of WorcesterMassachusetts Supreme Judicial Court · 1873
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Mills v. County CommissionersMassachusetts Supreme Judicial Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Norwood v. SheenOhio Supreme Court · 1933
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Stevens v. City of WorcesterMassachusetts Supreme Judicial Court · 1907
- Harrington v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
- MacNamara v. TaftMassachusetts Supreme Judicial Court · 1907
1 more not listed; retrieve them via the Exa API.