Miller v. City of Fitchburg
Massachusetts Supreme Judicial Court
Contract, by the collector of taxes of the town of Westminster, to recover the amount of a tax assessed in 1899, under Pub. Sts. c. 11, upon certain real estate lying in Westminster and belonging to the city of Fitchburg. Writ dated October 25, 1900. The case was heard in the Superior Court upon agreed facts, by Stevens, J., who decided in favor of the defendant, and reported the case for the determination of this court.
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Contract, by the collector of taxes of the town of Westminster, to recover the amount of a tax assessed in 1899, under Pub. Sts. c. 11, upon certain real estate lying in Westminster and belonging to the city of Fitchburg. Writ dated October 25, 1900. The case was heard in the Superior Court upon agreed facts, by Stevens, J., who decided in favor of the defendant, and reported the case for the determination of this court. If the plaintiff was entitled to recover, judgment was to be entered for him in the sum of $680, and interest from October 1,1899; otherwise, judgment for the defendant. The…
1Opinion of the CourtLathrop, J.
On December 1, 1891, the city council of the defendant passed a vote that the mayor be requested to petition the General Court to give the defendant the right “ to take and hold, by purchase or otherwise, for the purpose of supplying said city with pure water, the waters of Wacliusett lake in the town of Princeton, the waters of Meeting-house pond in the town of Westminster, and the waters of Wyman’s reservoir in the town of Westminster, for a compensating reservoir for all damages that would otherwise result to mill owners, and for authority to take in like manner all lands, water rights,…
2Cases cited3 opinions
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- City of Boston v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- City of Somerville v. City of WalthamMassachusetts Supreme Judicial Court · 1898
3Cited by11 opinions
- Stockus v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1939
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Assessors of Quincy v. Cunningham FoundationMassachusetts Supreme Judicial Court · 1940
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