Legal Opinion

Attorney General v. City of Boston

Massachusetts Supreme Judicial Court

Decided July 1, 1886PublishedCited by 24 opinions

Information in equity, at the relation of owners of two estates in Boylston Street in the city of Boston, to restrain the ■city, its officers and agents, from enforcing an order, passed by the board of aldermen on August 3, 1885, as follows: “ Whereas in the judgment of the board it will be most conducive to the convenience and interest of the city to remove the sidewalk on Boylston Street adjoining the Common, it is therefore ordered that the superintendent of streets be…

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Information in equity, at the relation of owners of two estates in Boylston Street in the city of Boston, to restrain the ■city, its officers and agents, from enforcing an order, passed by the board of aldermen on August 3, 1885, as follows: “ Whereas in the judgment of the board it will be most conducive to the convenience and interest of the city to remove the sidewalk on Boylston Street adjoining the Common, it is therefore ordered that the superintendent of streets be directed to remove said sidewalk at the expiration of fifteen days from the passage of this order, and to pave that…

1Opinion of the CourtDevens, J.

The St. of 1799, c. 31, § 1, provided that all streets in Boston shall be paved “ agreeable to the following regulations, viz. The footpath or walk on each side of every street shall be of the breadth of one sixth part of the width of the whole street; and shall be laid or paved with bricks or flat stones, and secured with a beam or cut stone along the outside thereof; and the middle or remaining four sixths of every street shall remain as a passageway for carriages of burthen or pleasure.” The same section provided that, in certain cases, “the breadth of the footwalk, and the ascent and…

2Cited by24 opinions

  1. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  2. Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
  3. People v. SalsburyMichigan Supreme Court · 1903
  4. State ex rel. Godard v. JohnsonSupreme Court of Kansas · 1900
  5. New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903

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