Brimmer v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity filed May 17, 1869, by the proprietors of 1 Wharf in Boston, to restrain the construction, under the St. of 1867, c. 324, of a street, called Atlantic Avenue, across the plaintiffs’ wharf and dock.
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Bill in equity filed May 17, 1869, by the proprietors of 1 Wharf in Boston, to restrain the construction, under the St. of 1867, c. 324, of a street, called Atlantic Avenue, across the plaintiffs’ wharf and dock. The bill alleged that, on December 30, 1830, the then proprietors of T Wharf (to all of whose rights the plaintiffs had succeeded) entered into a tripartite indenture with the city of Boston (then owning a wharf known as City Wharf) and the Mercantile Wharf Corporation, by which, for a valuable consideration, part of w„hich consisted of the demolition by said proprietors of a wharf…
1Opinion of the CourtMorton, J.
In laying out ways within the city of Boston, the board of aldermen have similar powers, and perform like duties, as are exercised and performed by the county commissioners in the other counties of the state. Gen. Sts. c. 43, § 77. In the exercise of these powers and performance of these duties, they act, not as officers or agents of the city, but as public officers, vested with quasi judicial functions, and deriving their power from the sovereign authority. The board of aldermen and common council, in laying out and constructing ways, are not subject to the direction or control of the…
2Cases cited1 opinion
- Short v. TinsleyCourt of Appeals of Kentucky · 1858
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