Metcalf v. Mayor of Boston
Massachusetts Supreme Judicial Court
Petition, filed May 26, 1892, by Albert Metcalf, Gilbert A. Tapley, and Joseph A. Jackson, for a writ of mandamus to the mayor and city council of Boston and the superintendent of streets of the city. Hearing before Allen, J., who, at the request of the parties, reserved the case for the determination of the full court. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The street commissioners and the city council of the city of Boston laid out a street, two hundred feet wide and about two miles long, in that part of the city which was formerly Brighton. The centre of the street, to the width of sixty feet, has been wrought and fitted for public travel. The petitioners own a large tract of land abutting on the street, which they wish to sell or use for building lots, and they ask for a writ of mandamus to compel the city to grade the street, and fit it for travel through its entire width.
The fundamental question is whether, when a street or highway is laid…
2Cases cited2 opinions
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