Smith v. Adams
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 22, 1909, to restrain the defendant, the superintendent of streets of Springfield, from removing stone steps which were in front of buildings of the plaintiff on Main Street in that city and which extended into the street, but which had been in place for more than forty years.
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Bill in equity, filed in the Superior Court on October 22, 1909, to restrain the defendant, the superintendent of streets of Springfield, from removing stone steps which were in front of buildings of the plaintiff on Main Street in that city and which extended into the street, but which had been in place for more than forty years. The suit was heard by Pierce, J., the testimony being taken by a commissioner appointed under Equity Rule 35. A final decree was ordered and entered, restraining the defendant as prayed for in the bill; and the defendant appealed. The case was submitted on briefs.
1Opinion of the CourtBraley, J.
The steps which the defendant as superintendent of streets proposed to remove in relaying the sidewalk under an order of the city council, being within the limits of the highway, interfered with the public easement, and constituted an indictable nuisance at common law. Commonwealth v. King, 13 Met. 115. But, as the defendant concedes that they have remained in their present position for a period of more that forty years, the rights of the parties must be determined by our statutes. The R. L. c. 53, § 1, which is a re-enactment of the St. of 1786, c. 67, § 7, the Rev. Sts. c. 24, § 61, the…
2Cases cited4 opinions
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- United States v. MuellerSupreme Court of the United States · 1885
- Commonwealth v. BlaisdellMassachusetts Supreme Judicial Court · 1871
- Fisk v. CushmanMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- Vye v. City of MedfordMassachusetts Supreme Judicial Court · 1929
- Clifton v. Watuppa Reservoir Co.Massachusetts Supreme Judicial Court · 1922
- State v. GoldbergSupreme Judicial Court of Maine · 1932
- Gorel v. Comensky, Pennsylvania Court of Common Pleas, Alleghany County1946
- Moore v. City of MilwaukeeWisconsin Supreme Court · 1954
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