Dorgan v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity setting forth that the plaintiff is the owner of an estate situated on the corner of Belmont and Purchase Streets, in Boston, with valuable buildings thereon; that the city of Boston, by its mayor and aldermen, have ordered Belmont Street to be laid out and widened to a width of not less than fifty feet, and so graded that the rise or fall shall in no place exceed two and one half feet in one hundred; that for these purposes they have further ordered that a…
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Bill in equity setting forth that the plaintiff is the owner of an estate situated on the corner of Belmont and Purchase Streets, in Boston, with valuable buildings thereon; that the city of Boston, by its mayor and aldermen, have ordered Belmont Street to be laid out and widened to a width of not less than fifty feet, and so graded that the rise or fall shall in no place exceed two and one half feet in one hundred; that for these purposes they have further ordered that a portion of the plaintiff’s estate shall be taken and graded, containing in all about fourteen hundred and fifty-seven…
1Opinion of the CourtBigelow, C. J.
In the consideration of the important questions raised in this case, it is necessary to have a clear understanding of the general scope and purpose of the act of the legislature under which the defendants have proceeded in taking the land of the plaintiff and ordering his buildings thereon standing to be removed, as alleged in the bill. Although the act itself does not in terms declare that it was passed in the exercise of powers granted to the legislature by any particu hr clause of tho *230constitution, it is quite apparent from its leading provisions that it was the intention of the framers of…
2Cases cited1 opinion
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
3Cited by4 opinions
- Cleveland v. CarcioneOhio Court of Appeals · 1963
- Palmer v. WaySupreme Court of Colorado · 1881
- Territory of Hawaii ex rel. Sylvia v. American Security BankHawaii Supreme Court · 1959
- Nichols v. City of ClevelandOhio Supreme Court · 1922