Miller v. City of Fitchburg

• Decision Date: 18 October 1901
• Parties: MILLER v. CITY OF FITCHBURG.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

180 Mass. 32
61 N.E. 277

MILLER
v.
CITY OF FITCHBURG.

Supreme Judicial Court of Massachusetts, Worcester.

Oct. 18, 1901.

Appeal from superior court, Worcester county; William B. Stevens, Judge.

Action by Louie S. Miller, as collector of taxes of the town of Westminster, against the city of Fitchburg. Judgment for defendant.

[61 N.E. 278]

Frank P. Goulding and James [180 Mass. 33]A. Stiles, for plaintiff.

Wm. P. Hall, City Sol., for defendant.

LATHROP, 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 Wachusett lake, in the town of Princeton, the waters of Meetinghouse 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, etc., as shall be necessary for the use and enjoyment of said waters taken or purchased.’ In pursuance of this vote the mayor petitioned the general court to grant such authority, and St. 1892, c. 60, was enacted, which, by section 10, was to take effect upon its passage, and was approved March 14, 1892. By sections 1 and 2 of this act the city was authorized to take and hold, by purchase or otherwise, the waters of Wachusett lake, in the towns of Princeton and Westminster, and of Meetinghouse pond in the town of Westminster, and the waters which flow into and from the lake and pond, and and water rights connected therewith, and convey the water to and into the city, for [180 Mass. 34]the purpose of supplying water to its inhabitants, and to take and hold, by purchase or otherwise, such land on and around the margin of the lake and pond, not exceeding five rods in width, as might be necessary for the preservation and purity of the waters. Section 4 of the act is as follows: ‘Said city is also authorized to take and hold, by purchase or otherwise, the waters of Wyman's reservoir, so-called, in the town of Westminster, and the waters which flow into and from the same, and any water rights connected therewith, to be used as a compensating reservoir for all damages that would otherwise arise to mill owners by reason of the taking and diverting of the waters of Wachusett lake and Meetinghouse pond; and to take and hold in like...