193 Mass. 6 | Mass. | 1906
By the second section of c. 486 of the St. of 1902 the respondent was authorized to “ take by purchase or otherwise and hold the waters of Roaring Brook and of any or all of its tributaries in the towns of Deerfield and Whately, except that part of said brook and its tributaries which lies west of and above the main road leading from Conway village to West Whately; and the waters of any springs or other sources on the watershed of said brook, with the water rights connected therewith, except that part which lies west of and above the main road leading from Conway village to West Whately.” The respondent has made a taking under this statute, and in its certificate filed under § 3 of the statute has described the waters taken as “ all the waters of Roaring Brook and its tributaries ” above a dam and reservoir constructed by the respondent in the town of Whately, “ and extending from that point up said brook to the west side of the main road ” aforesaid. It now contends, as it asked the judge at the trial to rule, that under the statute quoted it had the right to take only that part of the waters of Roaring Brook and its tributaries which lies in
Accordingly the respondent’s request for a ruling in accordance with its contention already stated was'rightly refused, and the instruction given as to this question was correct.
Exceptions overruled.