Simpson v. City of North Adams
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts. c. 52, § 15, to the Superior Court for a jury to assess damages caused by the board of public works in making repairs in the highway in front of the petitioner’s premises in North Adams.
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Petition, under Pub. Sts. c. 52, § 15, to the Superior Court for a jury to assess damages caused by the board of public works in making repairs in the highway in front of the petitioner’s premises in North Adams. At the trial in the Superior Court, before Dewey, J., it appeared that the repairs, which were ordinary and not specific, raised the grade in front of the petitioner’s premises; that the petitioner duly made application to the mayor and the city council for an assessment of damages, but none were assessed; that no application was ever filed with the board of public works, and that…
1Opinion of the CourtLathrop, J.
The charter of the city of North Adams, St. 1895, c. 148, provides, in § 34, that there shall be certain administrative officers, and among them is “ A board of public works, consisting of three persons.” The duties of this board are designated in § 37, and it is declared: “ The board of public works shall have cognizance, direction, and control: (a) Of the construction, alteration, repair, care, and lighting of streets, ways, and sidewalks.” Then follows an enumeration of their other powers, and the section closes with these words: “ The said *451board shall also, except as herein otherwise…
2Cases cited3 opinions
- Proctor v. StoneMassachusetts Supreme Judicial Court · 1893
- Thurston v. City of LynnMassachusetts Supreme Judicial Court · 1875
- Walker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- Whiting v. Board of Public WorksMassachusetts Supreme Judicial Court · 1915
- Garvey v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1905
- Continental Construction Co. v. City of LawrenceMassachusetts District Court, Appellate Division · 1937