The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-13
LAW DEPARTMENT.
CITY SOLICITORS OFFICE,
WORCESTER, MASS,


June 10th, 1899.
Honorable Rufus B. Dodge, IT., Mayor
of the City of Worcester:
Dear Sir-As you are aware, the COM
missioners appointed to assess the
damages Occasioned by the taking of
Kettle Brook in 1895 made their report
early in March of this year, assessing
damages amounting in the aggregate 10
S50S, 1926, upon the IS different petit
tions considered by them. To this sum
is to be added interest from June p,
1895. to the date of payment by the
city. These petitions included a much
larger number Of different water pri-
vileges affected, as in many instances
one petition covered several different
parcels of real estate affected. The
award covered all cases brought for the
damages cccasioned by the taking of
water, except four, which were not con-
sidered by this commission.
The petitioners were dissatisfied
with the amount awarded, md soon
after the acceptance of these reports
ny the court, filed claims for trial by
jury Claims for trial by jury have
also been duly filed in behalf of the city
i'll all cases.
At the trial before the commissioners
ore vital difference between the con
tention of the petitioners and that OF
the city was in regard to the area Oh
she water shed, the petitioners claiming
that the water shed taken included
Peter Brook. having an area OF
about one-half square mile, while the
city claimed that the yield of Peter
brook shed did not form part of Ket-
tie brook as taken.
In reference to this matter, the COM
mission concluded, THAT a substantial
part of the water, that is, one-halt
J. -ata
from Peter brook into Kettle brook, and
is a part Of the water taken by the
city"
If this decision were accepted as final
ii might open the door to constant frlc-
ton and disagreement between the mill
owners and the city, as TO the amQunt
of water flowing from this territory
which each would be entitled TO. Nego-
tiations have recently been had between
the representatives of the mill owners
and those of the city looking to final
settlement of the cases, and an adjust
ment of all difficulty with reference to
Peter brook.
After prolonged conferences and dis
cussions, the petitioners have agreed to
finally settle their cases and confirm
to the city the perpetual right to the
entire yield Of Peter brook, upon the
payment to them Of an aggregate sum
of S39 600. in addition to the award rem
dered by the commissioners. This sum
probably represents the fair value to
the city, upon the basis Of the award
by the commissioners, of the yield OF
the other half Of Peter brook shed
which in the opinion Of the commits
sioners did not pass TO the city by the
taking but which by the proposed set
Element viii become the property of the
city
All the petitioners, with the single
exception Of Henry w. King. trustee,
representing the GAINESVILLE privilege,
have agreed to settle upon this basis,
that is, siXty-seven out of the sixty
eight cases heard by the commission
ers, and the proportionate share to
which this privilege would be entitled
is TO be deducted from the thirty-nine
thousand dollars.
OF the four petitions pending with
reference to the taking Of the waters
of Kettle brook, which were not heard
by the commissioners. we have every
reason to believe that a speedy settle
ment can be effected with two upon
terms acceptable to the city.
The counsel for the city are unani-
nous in their recommendation that
this is an advantageous settlement for
the city This view is concurred in by
Senator Hoar, with whom the matter
was fully discussed before he left this
country, although no negotiations with
the representatives of the petitioners
had then been had. We suggest the
desirability of early action on the part