Trustees Records, Vol. 5, 1870 (page 079)

79

Trustees April 24^t, 1871.

On motion of Dr. Bigelow it was

Voted, – that the Committee on Grounds be instructed to
consider the expediency of a re=survey and re=constructon of
the Stone Farm.

Adjourned.

Sam^l Batchelder Jr., Secretary.

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Coolidge Av^e Report of Special Com^tee in extenso.

The Special Committee to whom were referred the
applications of H. W. Mussey and J. G. Coolidge for payment of
damages caused to their estates by grading Coolidge Avenue by the
City of Cambridge in 1869 submit the following

Report.

In the year 1862 a claim made that this Corporation
was bound to grade and repair the Avenue was referred to
Messrs C. P. Curtis and E. S. Rand, and from their full ex-
amination and report we find that the fee of the Avenue is
in this Corporation, that it was laid out as a private way
in 1830, and has since been open to public travel. It is not
a public way except by dedication. Since 1846 no way can
be made public unless laid out by the public authorities. As
the corporation as lately as 1848 exercised its power of granting
rights in the way it seems clear it has never become a public
way by dedication.

The original agreement between Brimmer and Josiah
Coolidge provided that this way should be kept open and un-
obstructed, and that said Coolidge, his heirs and assigns, should
at all times have free ingress and regress to and from his ad-
joining land into said way. H. W. Mussey, J. G. Coolidge