Carr v. Dooley
Massachusetts Supreme Judicial Court
Contract : 1st, upon a covenant against incumbrances in a deed of land in Lowell; 2d, upon a special promise to pay whatever assessment should be made against the land, by the city of Lowell, for building a sewer, then in process of construction by the city. Writ dated November 18, 1873. Answer, a general denial.
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Contract : 1st, upon a covenant against incumbrances in a deed of land in Lowell; 2d, upon a special promise to pay whatever assessment should be made against the land, by the city of Lowell, for building a sewer, then in process of construction by the city. Writ dated November 18, 1873. Answer, a general denial. After the decision reported 119 Mass. 294, the case was tried in the Superior Court, without a jury, before Colburn, J., who allowed a bill of exceptions in substance as follows : There was evidence that the plaintiff pur-chased of the defendant the premises described in the writ,…
1Opinion of the CourtMorton, J.
The mayor and aldermen laid out and made the Cedar Street sewer under the St. of 1869, e. Ill, the first section of which provides that “ the mayor and aldermen of any city, and the selectmen of any town, may lay, make and maintain all such main drains or common sewers as they shall adjudge to be necessary for the public convenience or the public health, through the lands of any persons or corporations.” The defendant contends that this gives the power to make drains or sewers only “ through the lands of any persons or corporations,” and therefore that the mayor and aldermen of Lowell had no…
2Cases cited2 opinions
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Woodbridge v. Mayor & Aldermen of CambridgeMassachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Sheehan v. City of FitchburgMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. AbbottMassachusetts Supreme Judicial Court · 1894