Nute v. Boston Co-Operative Building Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed J une 15,1888, for the removal of a sidewalk in Andrew Place in Boston. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows.
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Bill in equity, filed J une 15,1888, for the removal of a sidewalk in Andrew Place in Boston. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows. On July 24, 1868, the city of Boston was the owner of a tract of land between Canton Street, now called East Canton Street, and Dedham Street, now called East Dedham Street, and on that day the committee on public lands of the city council, whose powers and duties were derived from a city ordinance relating to the public lands dated May 3, 1864,* voted “that a passageway sixteen feet in…
1Opinion of the CourtDevens, J.
The plaintiff owns the land on one side, and the defendant on the other side, of a passageway in the city of Boston, commonly known as Andrew Place. Both parties derive their title from the city, and have a title in fee to the centre of the passageway, and a right of way through its whole length. Tobey v. Taunton, 119 Mass. 404. Gould v. Eastern Railroad, 142 Mass. 85. The city was formerly the owner of a large tract of land which included these parcels, and on July 24, 1868, before the parties acquired their titles, the committee on public lands of *468the city council voted “ that a passageway…
2Cases cited4 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Killion v. KelleyMassachusetts Supreme Judicial Court · 1876
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Gould v. Eastern RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by5 opinions
- Rotch v. LivingstonSupreme Judicial Court of Maine · 1898
- Crullen v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1925
- Walker v. E. William & Merrill C. Nutting, Inc..Massachusetts Supreme Judicial Court · 1939
- Hultzen v. WithamSupreme Judicial Court of Maine · 1951
- Vinton v. GreeneMassachusetts Supreme Judicial Court · 1893