Attorney General v. Gardiner
Massachusetts Supreme Judicial Court
Information in equity, filed August 16, 1867, by the attorney general, in behalf of the Commonwealth, to restrain the construction and compel the removal of a projection or structure in front of the defendant’s house on Commonwealth Avenue in Boston.
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Information in equity, filed August 16, 1867, by the attorney general, in behalf of the Commonwealth, to restrain the construction and compel the removal of a projection or structure in front of the defendant’s house on Commonwealth Avenue in Boston. Hearing upon information, answer, replication and proofs before Colt, J., who made a report to the full court, referring to the information and answer as parts thereof, reserving all questions as to the form of the proceeding and the parties thereto, and by which it appeared that the following facts, alleged in the mformation, were admitted by…
1Opinion of the CourtGray, C. J.
The Commonwealth, in devising the scheme of improvement of the Back Bay lands, and in executing the indenture with the Boston Water Power Company for the purpose of carrying that scheme into effect, acted in a twofold capacity: as the proprietor of lands which it held and might sell, as an individual might; and as the sovereign power, authorized to lay out highways for the benefit of the public. The provisions and restrictions contained in the indenture, against building on the front part of the lots, are manifestly intended not merely to enhance the market value of the lands, but also to…
2Cases cited2 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
3Cited by26 opinions
- Commonwealth v. ClaudioMassachusetts Supreme Judicial Court · 1994
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
- Allen v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1924
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