City of Springfield v. Harris
Massachusetts Supreme Judicial Court
Contract on the following instrument, signed by the defendant and eleven others : “ Springfield, April 22, 1869. Provided the city will place granite curb-stone around the large trees on North Main Street, for the purpose of protecting them, we, the subscribers, hereby agree to pay to the city the cost of the curbstone so placed opposite our land on our side of the street.”
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Contract on the following instrument, signed by the defendant and eleven others : “ Springfield, April 22, 1869. Provided the city will place granite curb-stone around the large trees on North Main Street, for the purpose of protecting them, we, the subscribers, hereby agree to pay to the city the cost of the curbstone so placed opposite our land on our side of the street.” Writ dated May 28, 1870. At the trial in the superior court, before Pitman, J., the plaintiffs’ counsel, in his opening, stated that he expected to prove that the defendant with others petitioned the plaintiffs to…
1Opinion of the CourtGbay, J.
The improvement of the surface of the street was a mere act of ordinary repair, not requiring any new location or change of grade. The leaving of a row of shade trees in the middle of the highway, and the placing of granite curb-stonea *534around them, “ for the purpose of protecting them,” were done by the city at the request of the defendant and other abutters, and in consideration of their promise to pay the expense of such curb-stones opposite their lands, and do not appear to have made the street less'fit for public travel. No illegality is shown in the agreement sued on, nor any reason why,…
2Cited by16 opinions
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