Sullivan v. City of Fall River
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the Pub. Sts. c. 49, § 79, filed May 18, 1886, by Michael Sullivan and Julia Sullivan, alleging that they were the owners of a certain parcel of land in Fall River on the northerly side of Bank Street, a public highway; that .their land adjoined Bank Street, and extended along the northerly side of the same from Seventh “ Street to Chestnut Street, now Eighth Street; that on May 18, 1885, the mayor and board of aldermen of Fall River…
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Petition to the Superior Court, under the Pub. Sts. c. 49, § 79, filed May 18, 1886, by Michael Sullivan and Julia Sullivan, alleging that they were the owners of a certain parcel of land in Fall River on the northerly side of Bank Street, a public highway; that .their land adjoined Bank Street, and extended along the northerly side of the same from Seventh “ Street to Chestnut Street, now Eighth Street; that on May 18, 1885, the mayor and board of aldermen of Fall River passed the following order: “ Ordered, that the superintendent of streets be and he is hereby authorized and directed to…
1Opinion of the CourtField, J.
The distinction between specific repairs upon a highway or town way, ordered under the Pub. Sts. e. 49, § 10, or § 65, and repairing a highway or town way by raising or lowering it, or doing some other act upon it, under the Pub. Sts. c. 52, § 15, was discussed, and the history of these statutes carefully traced, in Sisson v. New Bedford, 137 Mass. 255.
Under the provisions of the statutes first cited, the specific repairs are ordered by the persons authorized to lay out a highway or town way, and the damages are to be estimated by them. Pub. Sts, c. 49, §§ 15, 16, 32, 68, 79. The reason for…
2Cases cited4 opinions
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1878
- Page v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Thurston v. City of LynnMassachusetts Supreme Judicial Court · 1875
3Cited by13 opinions
- Carson v. BradyMassachusetts Supreme Judicial Court · 1952
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- L'Huilier v. City of FitchburgMassachusetts Supreme Judicial Court · 1923
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
- Dana v. City of BostonMassachusetts Supreme Judicial Court · 1898
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