Chase v. Aldermen
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to the hoard of aldermen of the city of Springfield. The petition alleged that on December 5,1871, the city council of Springfield, by an order of that date, laid out and established a street from a point near the foot of Blake’s Hill, in Springfield, to the X road, so called, with a uniform width of one hundred feet, and to be called Fort Pleasant Avenue; that the petitioner is, and at the time of the proceedings hereinafter set forth was,…
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Petition for a writ of certiorari to the hoard of aldermen of the city of Springfield. The petition alleged that on December 5,1871, the city council of Springfield, by an order of that date, laid out and established a street from a point near the foot of Blake’s Hill, in Springfield, to the X road, so called, with a uniform width of one hundred feet, and to be called Fort Pleasant Avenue; that the petitioner is, and at the time of the proceedings hereinafter set forth was, the owner in fee of two tracts of land lying and abutting on said avenue; and that on October 19, 1874, the board of…
1Opinion of the CourtGray, C. J.
The answer to this petition, containing allegations and denials of matters of fact, and signed by counsel, is irregular. Tewksbury v. County Commissioners, 117 Mass. 563. Worcester & Nashua Railroad v. Railroad Commissioners, 118 Mass. 561. But by consent of the parties the case has been submitted with the same effect as if the facts stated in the report appeared by a proper return made officially by the respondents.
1. The objection “ because no grade line has been established ” is not well founded. The statutes do not require that such a line shall be formally established and defined upon…
2Cases cited7 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Worcester & Nashua Railroad v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1875
- Inhabitants of Tewksbury v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- Whiting v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1870
- Noyes v. City CouncilMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Foster v. Board of Park CommissionersMassachusetts Supreme Judicial Court · 1882
- Coleman v. LouisonMassachusetts Supreme Judicial Court · 1936
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
7 more not listed; retrieve them via the Exa API.