Bennett v. City of New Bedford
Massachusetts Supreme Judicial Court
Bill nr equity by Thomas Bennett, Jr., and eleven others, alleging that they were citizens and tax payers of New Bedford; that the defendants, through their officers, were proceeding to construct a subterranean aqueduct through Willis Street from a brook west of County Street to the Acushnet River, for the purpose of diverting the waters of the brook from their natural channel; that the defendants falsely pretended that this aqueduct was a common sewer, and intended to treat…
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Bill nr equity by Thomas Bennett, Jr., and eleven others, alleging that they were citizens and tax payers of New Bedford; that the defendants, through their officers, were proceeding to construct a subterranean aqueduct through Willis Street from a brook west of County Street to the Acushnet River, for the purpose of diverting the waters of the brook from their natural channel; that the defendants falsely pretended that this aqueduct was a common sewer, and intended to treat it as such ; that the work would require a great expenditure of money; that the defendants proposed to assess the same…
1Opinion of the CourtColt, J.
The plaintiffs, citizens and tax payers of New Bed-ford, allege that the officers of that city are proceeding to construct an aqueduct for the purpose of diverting the water of a certain brook into it, intending also to use it as a common sewer ; and that this work requires a large expenditure of money, which must eventually come from the taxable inhabitants, and is undertaken without authority of law. An injunction is asked to restrain the further progress of the work.
The answer denies the equity jurisdiction of the court in this case, and avers an existing necessity for the sewer in…
2Cited by25 opinions
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- State Ex Rel. Rylands v. PinkermanSupreme Court of Connecticut · 1893
- Anselmi v. City of Rock SpringsWyoming Supreme Court · 1938
- Inhabitants of Leominster v. ConantMassachusetts Supreme Judicial Court · 1885
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