Trustees Records, Vol. 5, 1870 (page 080)

80

Trustees, April 24^t, 1871.

the petitioners, and the City of Cambridge all claim rights in
the way as assigns of J. Coolidge.

In 1868, the way being out of repair, the question of
its improvement was brought before the Board as follows: –

"M^r Cheever having made a statement that the City of
"Cambridge contemplated the improvement of the grade of
"Coolidge Avenue, it was

"Voted, – that Messrs. Cheever and Norcross be a Com-
"mittee to arrange with the City of Cambridge for the payment
" of $250. – by this Corporation when said grading shall have
"been completed to the satisfaction of the Committee."

In 1869 the grading was completed which has caused
the injuries complained [of]

The grade of the sidewalk at the entrance to M^r
Muzzey's estate, (then owned by M^r Lawrence,) was reduced
about three feet, and no support being provided for the wall
on the line of the estate it has since fallen, and besides
rebuilding the wall a considerable expense has been incurred
in reducing the grade of his roadway to the new grade of
the Avenue. A similar but less reduction in grade was
made in front of M^r Coolidge's estate. He claims that
a bank wall is necessary in front of his land, and that
access to his premises has been rendered more difficult.

Both parties base their claim against this Corpora-
tion, upon the allegation that the City of Cambridge, in
making the changes of grade acted as the licensee or agent
of the corporation as owner of the fee.

If this were the fact the Committee are not prepared