Legal Opinion

Dingley v. City of Boston

Massachusetts Supreme Judicial Court

Decided November 15, 1868PublishedCited by 61 opinions

Bill in equity filed August 19, 1868, to restrain the defendants from entering a parcel of land alleged to be the property of the plaintiff, and from erecting thereon a building to be used by the defendants as a ward room and a hose house. The answer alleged that the land in question was the property of the defendants.

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Bill in equity filed August 19, 1868, to restrain the defendants from entering a parcel of land alleged to be the property of the plaintiff, and from erecting thereon a building to be used by the defendants as a ward room and a hose house. The answer alleged that the land in question was the property of the defendants. On June 1, 1867, the legislature passed an act (St. 1867, c. 308) entitled, “ An act to enable the city of Boston to abate a nuisance "existing therein; and for the preservation of the public health in said city.” The first section of this act was as follows: “ The city of…

1Opinion of the CourtChapman, C. J.

The plaintiff alleges, and the parties agree, that the acts complained of in the bill purported to be done under the statute of June 1, 1867, entitled “ an act to enable the city of Boston to abate a nuisance existing therein, and for the preservation of the public health in said city.”

The first section describes a large tract of land situated in the city, and provides that the city “ may purchase or otherwise take ” the said lands, or any of them, with the buildings and other fixtures thereon; that the city shall, within sixty days from the time they shall take any of said lands, file in the…

2Cases cited3 opinions

  1. Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
  2. Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
  3. Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850

3Cited by61 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Sweet v. RechelSupreme Court of the United States · 1895
  3. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
  4. Blue v. BeachIndiana Supreme Court · 1900
  5. Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871

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