City of Medford v. Metropolitan District Commission

The defendants, constituting the metropolitan district commission, have the care of a boulevard laid out under G. L. (Ter. Ed.) c. 92, §§ 35-37, called the Fells-way, which runs through the plaintiff cities. The bills allege that the defendants are cutting down shade trees in the boulevard, and pray for an injunction restraining further cutting. Demurrers for want of equity were sustained, and the cases were reported.

A boulevard, unlike a roadway in a “reservation” under G. L. (Ter. Ed.) c. 92, § 33, is a public way. Burke v. Metropolitan District Commission, 262 Mass. 70, 72, 73. It is not a…