City of Somerville v. Dickerman
Massachusetts Supreme Judicial Court
Contract upon an award of arbitrators appointed under an agreement of submission to arbitration, under seal, entered into by the plaintiff, as the party of the first part, and the defendant and others, as the parties of the second part, on June 3, 1872, and containing the following: “ Whereas, a certain street or town-way, known as Highland Avenue, has been duly laid out and established in said Somerville, extending from Central Street to Elm Street; now, therefore, the…
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Contract upon an award of arbitrators appointed under an agreement of submission to arbitration, under seal, entered into by the plaintiff, as the party of the first part, and the defendant and others, as the parties of the second part, on June 3, 1872, and containing the following: “ Whereas, a certain street or town-way, known as Highland Avenue, has been duly laid out and established in said Somerville, extending from Central Street to Elm Street; now, therefore, the parties whose land has been taken for the laying out of said street do hereby mutually covenant and agree to refer and…
1Opinion of the CourtMorton, J.
The submission in this case is plainly an attempt, on the part of the city of Somerville and of the owners of land taken for a new street in that city, to delegate to arbitrators chosen by the parties the power of determining the amount of the damages of the landowners, and of assessing the betterments or benefits received by the landowners by the laying out of the street, under the betterment laws, so called. The submission is peculiar, as it contains no covenants or stipulations on the part of the city, but the necessary implication is, that, upon performing the award based upon it, the…
2Cases cited5 opinions
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Inhabitants of Boston v. BrazerMassachusetts Supreme Judicial Court · 1814
- Boylston Market Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Campbell v. Inhabitants of UptonMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- Christie v. MaldenWest Virginia Supreme Court · 1884
- Attorney General v. City of LowellMassachusetts Supreme Judicial Court · 1923
- City of Asheville v. HerbertSupreme Court of North Carolina · 1925
- City of Charleston v. ReedWest Virginia Supreme Court · 1886
- Gas Co. v. ParkersburgWest Virginia Supreme Court · 1887
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