Butchers' Slaughtering & Melting Ass'n v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover back a betterment assessment, assessed upon land of the plaintiff by the selectmen of Brighton, before the annexation of that town to the city of Boston, for the widening and alteration of Market Street, and paid by the plaintiff under protest. Trial in the Superior Court, without a jury, before Pitman, J., who found for the defendant. The plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
At the trial, the only question at issue was whether Market Street, a way situated in that part of Boston *291which was formerly the town of Brighton, was a highway or a town way. This was a question of fact.
Brighton was formerly a part of the town of Cambridge, and the defendant introduced testimony tending to show that the way in question was laid out by the selectmen of Cambridge in the year 1656. It was admitted by both parties that it had been laid out in some way prior to the year 1690, and had been since an open public way.
The plaintiff contended that it was a county way, and asked the…
2Cases cited1 opinion
- Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Newburyport Redevelopment Authority v. CommonwealthMassachusetts Appeals Court · 1980
- Walker v. City of MedfordMassachusetts Supreme Judicial Court · 1930
- Casagrande v. Town Clerk of HarvardMassachusetts Supreme Judicial Court · 1979
- United States v. 125.07 Acres of Land, More or Less, Etc., Julia G. Hall, Defendants-LandownersCourt of Appeals for the First Circuit · 1983
- Boston & Albany Railroad v. City of BostonMassachusetts Supreme Judicial Court · 1885
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