Day v. Board of Aldermen
Massachusetts Supreme Judicial Court
Petition, filed in this court in Hampden, December 24, 1869, for a writ of prohibition to prohibit the board of aldermen of the city of Springfield from taking part of the petitioner’s land in Springfield to widen Maple Street, in accordance with a vote passed by them August 2, 1869, and from assessing on his land a betterment on account of said widening.
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Petition, filed in this court in Hampden, December 24, 1869, for a writ of prohibition to prohibit the board of aldermen of the city of Springfield from taking part of the petitioner’s land in Springfield to widen Maple Street, in accordance with a vote passed by them August 2, 1869, and from assessing on his land a betterment on account of said widening. The respondents were ordered to appear before the court in Boston to show cause why the prayer of the petition should not be granted. They appeared; the case was reserved by the chief justice foi the determination of the full court, and, by…
1Opinion of the CourtChapman, C. J.
By the charter of the city of Boston, the board of aldermen had exclusive authority to lay out, alter and *311discontinue streets and ways within the city. By the charter of the city of Springfield, this authority was vested exclusively in the common council. The mayor and aldermen were to act first in the matter; but their action was merely preliminary to the final and conclusive action of the city council. By St. 1866, c. 174, the board of aldermen of Boston were authorized, upon the laying out of streets, to assess upon the estates abutting on any street which might be laid out such portion of…
2Cited by10 opinions
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Chandler v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1886
- Chase v. AldermenMassachusetts Supreme Judicial Court · 1876
- Powers v. City CouncilMassachusetts Supreme Judicial Court · 1874
- Inhabitants of Hyde Park v. WigginMassachusetts Supreme Judicial Court · 1892
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