Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 176

Cover Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 176
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 176
Massachusetts. Supreme Judicial Court
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This station was begun in April, 1885, and completed July 4, 1885. Before the work was begun, there was a conference between the engineer of the water company and the general manager of the railroad company, and it was understood by the latter that the water company was to furnish 40,000 gallons a day for the privilege of build- ing the pumping station on the railroad company's land. On August 14, 1885, the water company took the land by the right of eminent domain, and this taking was held to ...be valid in Old Colony Railroad v. Framingham Water Co, 163 Mass. 561. The master found that there was no completed contract that 40,000 gallons a day should be furnished without charge, and reported all the evidence bearing upon this question.
We do not find it necessary to consider this question, as the railroad company does not contend that if it has the right to pump water for its use from the pond it can maintain this bill against the water company to enforce specific performance of the contract by the water company to furnish water.


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