Titus v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity against the city of Boston and against Hosea Kingman, Tilly Haynes, and Harvey N. Collison, constituting the Board of Metropolitan Sewerage Commissioners, to restrain them from the performance of a contract by which the sewage of various cities and towns connected with the Metropolitan Sewerage system was to be discharged through the sewer of the defendant city, which was constructed through land taken from the plaintiff.
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Bill in equity against the city of Boston and against Hosea Kingman, Tilly Haynes, and Harvey N. Collison, constituting the Board of Metropolitan Sewerage Commissioners, to restrain them from the performance of a contract by which the sewage of various cities and towns connected with the Metropolitan Sewerage system was to be discharged through the sewer of the defendant city, which was constructed through land taken from the plaintiff. The bill alleged, in substance, that the plaintiff was, on November 5, 1889, the owner of land in Quincy in that part called Squantum., and known as Squantum…
1Opinion of the CourtHolmes, J.
The power given by St. 1885, c. 249, § 1, to the board of aldermen, to “ take in fee for the city of Boston any land that they may deem necessary for ” “ the purposes of building and maintaining the system of sewers of said city, and discharging sewage therefrom,” is a power to take the title in fee simple absolute to the land. Page v. O'Toole, 144 Mass. 303. Dingley v. Boston, 100 Mass. 544, 554. It follows that the plaintiff cannot maintain her bill on the ground of her supposed possibility of reverter in the lands taken by the city for a sewer. See further Chandler v. Jamaica Pond…
2Cases cited6 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
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3Cited by12 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- United States v. 1119.15 Acres of LandDistrict Court, E.D. Illinois · 1942
7 more not listed; retrieve them via the Exa API.