Sullivan v. Mandell
Massachusetts Supreme Judicial Court
Contract for the alleged breach of covenants of warranty and against incumbrances in a deed from the defendants dated and delivered on March 8, 1908, conveying to the plaintiff a certain lot of land in that part of Boston called Dorchester.
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Contract for the alleged breach of covenants of warranty and against incumbrances in a deed from the defendants dated and delivered on March 8, 1908, conveying to the plaintiff a certain lot of land in that part of Boston called Dorchester. Writ dated February 1, 1911. In the Superior Court the case was tried before McLaughlin, J. The incumbrance complained of was a sewer assessment levied by a vote of the board of street commissioners of the city of Boston on December 8, 1908. The plaintiff, subject to the defendants’ exception, put in evidence a certified copy of the following notice…
1Opinion of the CourtBraley, J.
By St. 1841, c. 115, the mayor and aldermen of the city of Boston were empowered, upon acceptance of the act, to lay, make and repair as public necessity and convenience might demand all main drains or common sewers within the municipality, which upon, construction “shall be taken and deemed to *176be the property of such town or city.” The statute having been accepted, the board whenever it adjudicated that a sewer was necessary could apportion and assess the cost of construction upon the proprietor of a particular drain which entered into the sewer either “for the draining of his cellar or…
2Cases cited13 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
- Abbott v. FrostMassachusetts Supreme Judicial Court · 1904
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3Cited by4 opinions
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
- Fiske v. City of WorcesterMassachusetts Supreme Judicial Court · 1914
- City of Boston v. McGovernCourt of Appeals for the First Circuit · 1923
- O'MALLEY v. Commissioner of Public Works of BostonMassachusetts Supreme Judicial Court · 1960