McCarthy v. Street Commissioners

This is a petition for a writ of mandamus by the owner of land on Pontiac Street in Boston to compel the mayor, the board of street commissioners, and the superintendent of streets to proceed forthwith to construct Pontiac Street or, in the alternative, to compel its discontinuance. The case was heard by a single justice who found the facts, and it comes here on a report and reservation by him “ as to what order shall be made in the premises.”

From the facts found it appears that Pontiac Street was laid out in November, 1899, in part at least over a private way or road called McCarthy Place,…