Legal Opinion

Suburban Light & Power Co. v. Board of Aldermen

Massachusetts Supreme Judicial Court

Decided January 26, 1891PublishedCited by 14 opinions

Two petitions for writs of mandamus. In the first case, the petitioner, an electric lighting company, sought to compel the respondents to grant it specific locations for its posts within certain highways in the city of Boston, in accordance with a petition filed with the board on January 20, 1890, and refused on February 10, 1890. Hearing on the petition and a demurrer filed thereto, before Field, C. J., who sustained the demurrer, and dismissed the petition; and the…

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Two petitions for writs of mandamus. In the first case, the petitioner, an electric lighting company, sought to compel the respondents to grant it specific locations for its posts within certain highways in the city of Boston, in accordance with a petition filed with the board on January 20, 1890, and refused on February 10, 1890. Hearing on the petition and a demurrer filed thereto, before Field, C. J., who sustained the demurrer, and dismissed the petition; and the petitioner alleged exceptions. In the second case, the petitioner sought to compel the respondents to give it, in accordance…

1Opinion of the Court

By the Court.

The following opinion was written by Mr. Justice Devens, and after his death was approved as the opinion of the court by the Justices who sat with him at the argument The second petition to the board of aldermen, which is the only one which need be considered, does not ask that the aider-men shall give any specific location for posts, etc. to the petitioner, but that they shall specify in writing where, along the highways of the city in the direction indicated, it may locate “such number of posts as may be reasonably necessary to enable your petitioner properly to do its…

2Cases cited2 opinions

  1. Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
  2. Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867

3Cited by14 opinions

  1. American Automobile Ins. Co. v. FreundtCourt of Appeals for the Seventh Circuit · 1939
  2. Boston Edison Co. v. Board of Selectmen of ConcordMassachusetts Supreme Judicial Court · 1968
  3. Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
  4. New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
  5. Rea v. Board of AldermenMassachusetts Supreme Judicial Court · 1914

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