City of Cambridge v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to the county commissioners of Middlesex, directing them to certify and bring into this court the records of their proceedings in the issue of a warrant for a jury to determine the damages caused to certain land in Cambridge, held by Henry O. Houghton, William T. Richardson and George S. Hale as trustees under the will of Solomon Sargent, by reason of the taking by the petitioner of a portion thereof for the purpose of laying out a common…
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Petition for a writ of certiorari to the county commissioners of Middlesex, directing them to certify and bring into this court the records of their proceedings in the issue of a warrant for a jury to determine the damages caused to certain land in Cambridge, held by Henry O. Houghton, William T. Richardson and George S. Hale as trustees under the will of Solomon Sargent, by reason of the taking by the petitioner of a portion thereof for the purpose of laying out a common sewer. Hearing before Ames, J., who reported the case for the consideration of the full court in substance as follows: The…
1Opinion of the CourtGray, C. J.
The statutes authorize the city council of Cambridge to lay out streets and sewers, and to estimate the damages which any person may suffer thereby; and require the application, by any person dissatisfied with its decision in the estimate of damages, to the county commissioners for a jury, to be made within six months thereafter. Sts. 1846, o. 109, § 18; 1853, c. 155, § 7; 1859, e. 137.
The first order of the city council in the present case is admitted to have been made in the exercise of this authority. If there was any defect in the previous notices thereof, it could be taken advantage of…
2Cases cited1 opinion
- Noyes v. City CouncilMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
- Dunbar v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1902
- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1876
- Partridge v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1907
- Bigelow v. Union Freight RailroadMassachusetts Supreme Judicial Court · 1884
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