Thayer v. City of Boston
Massachusetts Supreme Judicial Court
This action was argued in connexion with the case of Stetson v. Faxon, ante, p. 147. It was an action on the case, brought by Rufus Thayer and Amasa Stetson. The declaration contained two counts.
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This action was argued in connexion with the case of Stetson v. Faxon, ante, p. 147. It was an action on the case, brought by Rufus Thayer and Amasa Stetson. The declaration contained two counts. The first sets forth, that the plaintiffs are seised in fee, as tenants in common, ol a messuage in Boston, bounded southerly on Market square or North Market street, and along and over and by the southerly front of the messuage there long has been, and of right ought now to be, a free and open paved space, public street or passage way to and from the messuage, extending from the westerly end of Dock…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This case, by consent, has been argued in connexion with the case of Stetson v. Faxon pending in Suffolk, and involves many of the same facts, which were presented in that case¡ and depends, to some extent, upon the same principles.
The passage way lying in front of the plaintiffs’ estates and constituting part of what was formerly denominated Dock square, is variously described, in different counts in the declaration, as a passage way appurtenant to these estates, and as a public highway. We are apprehensive that some confusion has *514been thrown…
2Cases cited1 opinion
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
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- City of Oklahoma v. TuttleSupreme Court of the United States · 1985
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