passed out of the family possessions.
When the lines of Medford
were at last established the Symmes farm
was included within Medford
bounds, but later this part of Medford
was set off to Winchester
Previous to 1860 the upper part of present Mystic lake
was a meadow, large in extent, and not flowed over as at the present time by the Mystic
Water Works dam. It was known as the Symmes' meadow, and the grass was cut for cattle.
Previous to the contention now under consideration, it seems that Thomas Broughton
and Edward Collins had erected a mill-dam on the Mystic river
which was erected so high as to flow the upper part of the river, Mystic lake
, and the Symmes' meadow, to the great damage of Symmes
, according to the record.
The location of the Broughton dam
is said to have been just above the crossing of Arlington and Jerome streets, West Medford, but nothing in the record states the location of the dam. This mill privilege passed away long ago, and no one living remembers anything about it, but if it had been maintained to later times it would have been a valuable water power, as the dam must have flowed a very large reservoir, even if it had not flowed over the Symmes' meadows.
The record in this case is as follows: ‘At a County Court held at Charlestown
, June 16th, 1675, Mr. Zachariah Symmes
, plaintiff appears against Mr. Thomas Broughton
and Mr. Edward Collins
, defendents, in an action of the case of a nuisance done to his meadow lying at or near to Mystic Ponds
, by stopping the flow of the water course by a mill Dammn, whereby his farm is rendered incapable to maintain his cattle in winter and part of the summer.’
Under attachment, both parties legally and personally appeared in court, the attachment was read and the evidences are all on file with the record of this court.
The jury brought in their verdict, finding for the plaintiff with damages, ‘Forty and One Shillings and costs of court, Three pounds, Thirteen Shillings and Eight pence.’
County Court Records, Vol. 1st, Page 296.
‘The evidences’ (testimony of the witnesses) in this