Bradford v. Metcalf
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT by the treasurer of the Commonwealth under Pub. Sts. c. 19, § 14, for compensation for tide water displaced by the defendants in filling portions of the flats respectively belonging to them, lying in front of the upland between Medford Street and the shore of Mystic River. Writs dated respectively December 6,1901, and March 11,1902. In the Superior Court the cases were heard upon agreed facts, and judgment was entered for the defendant in each case.
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Two ACTIONS OF CONTRACT by the treasurer of the Commonwealth under Pub. Sts. c. 19, § 14, for compensation for tide water displaced by the defendants in filling portions of the flats respectively belonging to them, lying in front of the upland between Medford Street and the shore of Mystic River. Writs dated respectively December 6,1901, and March 11,1902. In the Superior Court the cases were heard upon agreed facts, and judgment was entered for the defendant in each case. The plaintiff appealed.
1Opinion of the CourtKedwltoit, C. J.
These two cases present the same questions and they may be considered together. Each of the defendants filled certain flats in the harbor near the channel of Mystic River, under a license from the harbor and land commissioners, issued in accordance with the provisions of Pub. Sts. c. 19, §§ 12, 13. The treasurer of the Commonwealth brought these suits to recover the money due for the displacement of tide water caused by the filling, and the agreed facts show that he is entitled to recover, unless the defendants had a right to fill the flats with-out payment, under certain special statutes…
2Cases cited5 opinions
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1863
- Van Norman v. Circuit JudgeMichigan Supreme Court · 1881
- Salters v. TobiasNew York Court of Chancery · 1831
3Cited by8 opinions
- Reuter v. BallardMassachusetts Supreme Judicial Court · 1929
- Treasurer & Receiver General v. Revere Sugar RefineryMassachusetts Supreme Judicial Court · 1924
- Trio Algarvio, Inc. v. Commissioner of the Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 2003
- Reardon v. ByrneMassachusetts Supreme Judicial Court · 1907
- Tuttle v. George A. Tuttle Co.Supreme Judicial Court of Maine · 1906
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