Alger v. City of Boston
Massachusetts Supreme Judicial Court
Four petitions to the Superior Court, under St. 1890, c. 428, and acts in amendment thereof, to recover damages to the petitioners’ several estates by reason of the change of grade of West Fourth Street, in Boston. Trial in the Superior Court, before Bichardson, J., who reported the cases for the determination of this court, in substance as follows.
Read the full summary
Four petitions to the Superior Court, under St. 1890, c. 428, and acts in amendment thereof, to recover damages to the petitioners’ several estates by reason of the change of grade of West Fourth Street, in Boston. Trial in the Superior Court, before Bichardson, J., who reported the cases for the determination of this court, in substance as follows. After the jury in the Superior Court had returned verdicts in favor of all the petitioners, and judgment had been entered upon them, the petitioners applied to the clerk to have their costs taxed, claiming in addition to the ordinary costs a large…
1Opinion of the CourtLathrop, J.
The St. of 1890, c. 428, makes no provision as to costs. It is well settled that, in proceedings of the nature of these before us, the general rules of law applicable to costs do not apply, and that unless costs are given in the statute under which such proceedings are brought, or in some general statute especially applicable to such proceedings, no costs can be awarded. Commonwealth v. Carpenter, 3 Mass. 268. Hampshire & Hampden Canal Co. v. Ashley, 15 Pick. 496. Williams v. Taunton, 126 Mass. 287. Gifford v. Dartmouth, 129 Mass. 135.
Judgment accordingly.
2Cases cited3 opinions
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1807
- Gifford v. Inhabitants of DartmouthMassachusetts Supreme Judicial Court · 1880
- Williams v. City of TauntonMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Inhabitants of Stoneham v. CommonwealthMassachusetts Supreme Judicial Court · 1924
- Saliba v. ZelawayMassachusetts District Court, Appellate Division · 1937