Worcester morning daily spy., 1898-02-08

ent structure.
.2-Said company alec claimed to re-
cover by our award the alleged value Of
the pond for q storage basin or re-
servoir Of water as a water supply for
some municipality who might hereafter
want It for that purpose.
But the undersigned were Of opinion
that by the established law OF this COM
monwealth, the value Of the pond for
special and possible or even probable
uses or purposes was not the true test,
and that although any such probable
uses or values might be taken into ac-
count by the witnesses In estimating
the fair market value Of the property,
yet its value for such special purposes
could not be made specific and sub
stantive ground of damage to be sepa-
rately awarded, but that the fair market
value, in view of all the purposes to
which it was naturally adapted, was the
ultimate and final standard of tine
amount to be awarded.
Moreover, in this particular case. even
If there was no other legal objection to
this claim, we were Of opinion that the
preservation and retention of the waters
Of this pond for storage reservoir was
inconsistent with its free use and alb
straction for purposes of power, and
that an award Of the full value of all the
waters of, the pond as a water power
would leave nothing more to be award
ed for it as a permanent and undis-
turbed storage basin for municipal
supply. We, therefore, do not include
in our award any specific allowance for
this claim.
3-Said company also claimed to recover
for the value of a portion Of the water
daily drawn by said company and used
in its mill for washing, securing or
other similar purposes. But, in our
judgment the same objections existed
to this specific item of damages, as to
that above stated We, therefore. did
not include in our award any specific
allowance for this claim
Whether any Of these claims for
special damages can be recovered at
law, and if so, the amount to be award
ed for them, we leave for the other
board of referees to consider and decide
for itself
4-Excluding the foregoing considera-
tons, rve determine and award that the
Lakeside Manufacturing Company, for
all the land actually taken from 1t by
the city, for all the mill buildings there
on and all the property in them which
would legally pass under the term
land which is the descriptive word
used in this connection in the taking,
and for all the injury to or depreciation
in the value Of other land, buildings
ana structures belonging to it, caused
by the taking, shall recover the sum of
$4,000 and interest at 6 per cent from
the 21st day of June, 1895, the day of
taking, until paid Said sum to be paid
upon the discharge of all membranes
or liens of any kind upon said property
III. We also determine and award
that the city shall pay said company
the expenses incurred by it in the pro-
ceedings in this case, including only
such expenses as would be allowed as
costs in proceedings under a petition
chapter 1884 of the acts of 1895; but not
including the expense of taking the evil
dence and arguments, which it was ad-
mitted the parties had agreed to bear
equally.
Finally, we determine that the city
shall pay the expenses and fees of the
referees, amounting III all to the sum Of
5000 TO-
In conclusion we desire to express our
thanks to the respective counsel for the
zeal, thoroughness and ability with
which both sides of the case have been
presented to us, and from which we
have derived so much aid in our con-
sideration Of the subject.
Worcester, Dec. IA, 1897.