Inhabitants of Arlington v. Cutter
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the board of selectmen of Arlington duly relocated, repaired, and widened a town way, within the limits of the town, running across land of the defendant; that the street was accepted by vote of the town, at "a town meeting duly held; that in making such relocation, repair and widening of the street, it became necessary to cross over and touch upon a flume belonging to the defendant, which ran beneath the street, to carry water under it…
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Contract. The declaration alleged that the board of selectmen of Arlington duly relocated, repaired, and widened a town way, within the limits of the town, running across land of the defendant; that the street was accepted by vote of the town, at "a town meeting duly held; that in making such relocation, repair and widening of the street, it became necessary to cross over and touch upon a flume belonging to the defendant, which ran beneath the street, to carry water under it to the defendant’s mill; that it became necessary, in crossing the flume, to make repairs upon it, and to build a wall…
1Opinion of the CourtEndicott, J.
The demurrer raises the question whether a town can make or ratify such an agreement as was made with the defendant, and also whether the same is sufficiently set forth in the declaration.
The declaration in substance alleges that Mill, Street in Arlington was duly relocated and widened by the selectmen, and afterwards accepted and allowed at a town meeting duly held; that in constructing the street, and making such relocation and widening it became necessary to cross over a flume belonging to the defendant, which conveyed water beneath the street to the defendant’s mill, and to make repairs…
2Cases cited3 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- City of Springfield v. HarrisMassachusetts Supreme Judicial Court · 1871
- Bell v. City of BostonMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Inhabitants of Brookfield v. ReedMassachusetts Supreme Judicial Court · 1891
- Inhabitants of Melrose v. HilandMassachusetts Supreme Judicial Court · 1895
- City of Worcester v. Worcester & Holden Street Railway Co.Massachusetts Supreme Judicial Court · 1907