Union Institution for Savings v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 24, 1915, praying that the city of Boston and its board of street commissioners might be enjoined from removing a post and a clock thereon set in the public sidewalk on Tremont Street in Boston at the corner of Lagrange Street upon land of which the plaintiff owned the fee, the plaintiff maintaining such post and clock under a permit granted by the board of street commissioners on January 14, 1914. In the Superior…
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Bill in equity, filed in the Superior Court on September 24, 1915, praying that the city of Boston and its board of street commissioners might be enjoined from removing a post and a clock thereon set in the public sidewalk on Tremont Street in Boston at the corner of Lagrange Street upon land of which the plaintiff owned the fee, the plaintiff maintaining such post and clock under a permit granted by the board of street commissioners on January 14, 1914. In the Superior Court the case was submitted upon an agreed statement of facts to McLaughlin, J., who made an order for the issuing of the…
1Opinion of the CourtPierce, J.
The contention of the plaintiff, that it has an irrevocable franchise to occupy a portion of the public highway because the permit to erect a post with a clock thereon was granted without limit as to time and without reservation in the board of a power to revoke, cannot be sustained.
The board derived its entire authority from St. 1913, c. 680. While this statute authorized the board as agents of the Commonwealth to grant permits to occupy the public ways for the purposes enumerated and to adopt rules and regulations governing the use of the same, it did not purport to empower the board to…
2Cases cited5 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- City of Lowell v. ArchambaultMassachusetts Supreme Judicial Court · 1905
- Board of Health v. TupperMassachusetts Supreme Judicial Court · 1912
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Forbes v. City of DetroitMichigan Supreme Court · 1905
3Cited by10 opinions
- Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
- General Baking Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1922
- Yale University v. City of New HavenSupreme Court of Connecticut · 1926
- Dalton v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1922
- Higgins v. License Commissioners of QuincyMassachusetts Supreme Judicial Court · 1941
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