Trustees Records, Vol. 3, 1859 (page 240)

240

Report on Coolidge Av^e continued _

the Cem^y as now enclosed is owned in fee
by the Prop^rs of the Cem^y of Mt. Auburn,
but has been open to public travel since 1830
Southwardly from the sd. SE. corner to the
Pomeroy house sd. Avenue was made upon
lands formerly of Moses Stone. A right of
way two rods wide being purchased of Pomeroy's
wife (Moses Stone's widow) for her lifetime by
Horticultural Society and the right of reversion
having passed to the Brasee, were purchased
by the Prop^rs of Mt Auburn. Beyond this
point westwardly the road is a town way.

The whole of sd. Avenue was made at the ex-
pense of the Mass. Hort. Soc^y the part from
A to B in the plan, in 1830, from B to the
Pomeroy house in 1832: excepting, that one half
of the part from A to B was at the expense
of Josiah Coolidge for privileges then granted
The northerly part of said Avenue for about
twenty nine rods is within the City of Cam-
bridge. The remainder of it is in Watertown.

Nothing is contained in any agree-
ment that has been found, respecting the
maintenance of sd. road and it is not believed
that any such agreement was made; and we
are of opinion that the proprietor of land
embraced in a private way cannot be com-
pelled to repair the same, unless there be an
agreement between him and the grantee of the
use of the way to that effect. From the length