American And English Corporation Cases : a Collection of All Corporation Cases, Both Private And Municipal (Excepting Railway Cases), Decided in the Courts of Last Resort in the United States, England, And Canada [1883-1894]
American And English Corporation Cases : a Collection of All Corporation Cases, Both Private And Municipal (Excepting Railway Cases), Decided in the Courts of Last Resort in the United States, England, And Canada [1883-1894]
United States. Courts
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Boston, 12 Pick. 194. No doubt the plaintiff might have obtained an injunction to re- strain the prosecution of the work if he had sought his remedy in that form. Boston Water Power Co. v. Boston & Worces- ter R. R., 16 Pick. 525. The acts done having been beyond the authority and power of the city to do, the city cannot be held responsible in damages for what was done under the supposed authority of illegal and void votes. Spring v. Hyde Park, 137 Mass. 554; Lemon v. Newton, 134 Id. 476; Gush-... ing V. Bedford, 125 Id. 526. But the liability, if any, rests upon the individuals who performed the acts, as in Brigham V. Edmunds', 7 Gray, 359. Exception overruled. Abatement of Nuisances by Exercise of Eminent Domain.— Practically the same conclusion as that reached in the principal case was arrived at in New York. A statute was passed in 1871, authorizing the draining of private lots in the city of New York by the department of public works, on the certificate of the board of heallii that the same was necessary, etc.
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