Casey v. Massachusetts Electric Co.

The plaintiff, William J. Casey, sought a judgment declaring that, pursuant to G. L. c. 166, § 39, 1 the defend ant, Massachusetts Electric Company (company), is obliged to assume certain costs, including the cost of temporary removal of its poles, to permit the plaintiff to relocate his home within the city of Lynn. G. L. c. 231A, § 2. A judge of the Superior Court reported four questions to the Appeals Court on a statement of agreed facts. See G. L. c. 231, § 111, third par.; Mass. R. Civ. P. 64, 365 Mass. 831 (1974). We transferred this case to this court on our own motion. We conclude…