Whiting v. Board of Public Works
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 25, 1915, seeking to enjoin the board of public works of the city of Holyoke from ordering the city forester-to cut down a certain elm tree, in front of the plaintiff’s land on Northampton Street in Holyoke, and to enjoin the city forester from obeying such order, the mayor of Holyoke also being made a defendant. The case was heard by Aiken, C. J., without a jury.
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Bill in equity, filed in the Superior Court on May 25, 1915, seeking to enjoin the board of public works of the city of Holyoke from ordering the city forester-to cut down a certain elm tree, in front of the plaintiff’s land on Northampton Street in Holyoke, and to enjoin the city forester from obeying such order, the mayor of Holyoke also being made a defendant. The case was heard by Aiken, C. J., without a jury. He found that the defendants the board of public works had found and that it was their opinion that the tree in question endangered persons travelling on the highway and, further,…
1Opinion of the CourtBraley, J.
We assume on the record that the tree in question is a shade tree belonging to the plaintiff, whose premises abut on the public way where the tree stands. The authority of the board of public works to order its removal is derived from the St. of 1896, c. 438, which is the revised charter of the city of Holyoke. By § 37, “The board of public works shall have cognizance, direction and control : (a) Of the construction, location, repair, care and lighting of streets, ways and sidewalks; (b) of the construction, alteration, repair and care of public buildings; (c) of the construction, alteration,…
2Cases cited5 opinions
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