City of Cambridge v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the county commissioners of Middlesex in issuing a warrant for a jury to assess the damages caused to land of Eliza H. Marvin by changing the grade of Walden Street in Cambridge. Hearing on the petition and answer, and agreed facts, before Ames, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtColt, J.
Walden Street, in Cambridge, was laid out in 186Í by the city council, and the order of location established the grade at which it was to be constructed. Within two years, the street was constructed and opened to public travel by the city, and it has ever since been so used; but it was not then graded so as to conform to the grade established in the order. In the early part of 1877, some sixteen years after the street was laid out, the existing grade of the street was made to conform to the order of location.
Eliza H. Marvin, who owned land abutting on the street, applied to the mayor and…
2Cases cited3 opinions
- Snow v. Inhabitants of ProvincetownMassachusetts Supreme Judicial Court · 1872
- Brady v. City of Fall RiverMassachusetts Supreme Judicial Court · 1876
- Lincoln v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- McCarthy v. Street CommissionersMassachusetts Supreme Judicial Court · 1905
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
- Albro v. City of Fall RiverMassachusetts Supreme Judicial Court · 1900
- Hinckley v. FranklinSupreme Court of New Hampshire · 1899
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