Crompton Carpet Co. v. Worcester

• Court: Supreme Judicial Court of Massachusetts
• Citation: Crompton Carpet Co. v. Worcester, 119 Mass. 375 (Mass. 1876)
• Decision Date: 07 January 1876
• Parties: Crompton Carpet Company v. City of Worcester

119 Mass. 375

Crompton Carpet Company v. City of Worcester

Supreme Court of Massachusetts

January 7, 1876

Worcester. Petition under the St. of 1871, c. 361, § 3, for the appointment of commissioners to assess the damages sustained bye the petitioner by the taking, by the city council of the city of Worcester, of East or Lynde Brook, in the town of Leicester, to supply the city with pure water.

In the Superior Court, before Colburn, J., the petitioner contended that certain facts, put in evidence by the respondent, did not constitute a defence to the granting of the petition. The judge so ruled, and ordered commissioners to be appointed; and the respondent alleged exceptions.

Exceptions dismissed.

W. S. B. Hopkins & F. T. Blackmer, for the respondent.

T. L. Nelson, for the petitioner.

Ames & Devens, JJ., absent.

OPINION

By the Court.

The order appointing commissioners was interlocutory in a case pending in the Superior Court, and exceptions thereto cannot be entered in this court until after a final disposition of the case in the court below. St. 1871, c. 361, § 3. Safford v. Knight, 117 Mass. 281. Gifford v. Rockett, ante, 71. Rose v. Taunton, ante, 99.

Exceptions dismissed.