Moffatt v. Kenny
Massachusetts Supreme Judicial Court
Tort, for personal injuries. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows.
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Tort, for personal injuries. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows. On April 25, 1828, the owners in common of a way then called B Street and now called Byron Street in Boston and its adjacent territory made partition of their lands by an indenture duly recorded, which indenture contained a covenant providing that Byron Street should be forever reserved and kept open for a public street, “ and ceded to the city government as such whenever they will accept the same.” The city council of Boston has never…
1Opinion of the CourtKnowlton, J.
The place where the plaintiff fell was not a public way for whose condition the city of Boston was responsible. In this Commonwealth there can be no public way by dedication without an acceptance of it by the public authorities. Before the enactment of St. 1846, c. 203, such an acceptance *314could be shown either by a vote to accept, or by circumstances giving rise to a strong implication, such as frequent and long continued use by the public, and repairing, lighting, or other significant acts of persons authorized to represent the city or town in that behalf. Hemphill v. Boston, 8 Cush. 195.…
2Cases cited11 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
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3Cited by44 opinions
- Means v. Southern California Railway Co.California Supreme Court · 1904
- Railroad and Warehouse Commission of Minnesota v. Duluth Street Ry. CoSupreme Court of the United States · 1926
- Coulombe v. Horne Coal Co.Massachusetts Supreme Judicial Court · 1931
- Cowen v. KirbyMassachusetts Supreme Judicial Court · 1902
- Fenn v. Town of MiddleboroughMassachusetts Appeals Court · 1979
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