Legal Opinion

Farnsworth v. City of Boston

Massachusetts Supreme Judicial Court

Decided October 17, 1876PublishedCited by 9 opinions

Petition for a writ of mandamus, filed November 1, 1875, to compel the city council and the mayor of Boston to take certain lands in Boston, and to file a description thereof in the registry of deeds, and to compel the mayor to sign said description, and for further relief. Hearing before Devetis, J., who reported the case for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtDevens, J.

The St. of 1878, a. 340, was passed “in order to secure a complete drainage ” of a tract which has been known as the Northampton Street District, so as to abate nuisances “and to preserve the public health ot the city,” and provided that the city council might order the owners of lands therein to raise and fill their lands, with good materials, to such permanent grade as the board of aldermen might deem necessary for such purposes. If, after proper notice, the owner failed to comply, the city council was to raise the grade, and the necessary expenses thus incurred constituted a lien on the…

2Cases cited2 opinions

  1. City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1875
  2. Leavitt v. City of CambridgeMassachusetts Supreme Judicial Court · 1876

3Cited by9 opinions

  1. Labette County Commissioners v. United States Ex Rel. MoultonSupreme Court of the United States · 1884
  2. Bancroft v. City of CambridgeMassachusetts Supreme Judicial Court · 1879
  3. Kilroy v. O'ConnorMassachusetts Supreme Judicial Court · 1949
  4. Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
  5. People ex rel. German Insurance of Freeport v. GetzendanerIllinois Supreme Court · 1891

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