Trustees Records, Vol. 5, 1870 (page 081)

81

Trustees. April 24^t, 1871.

to admit that any claim for damages could be maintained.
The repairs upon the Avenue have improved its condition
for travel and have so far been advantageous to the abuttors.
They must sooner or later have been made. But the Committee
are clearly of opinion that this Corporation did not make
the City of Cambridge its agent, and is not responsible for
its acts. The vote was simply an agreement to contribute
to the expense, in case the work was done satisfactorily to
its Committee.

Before the work was completed complaints were made
by M^r Coolidge, and it appears from the correspondence on file
that the Mayor of Cambridge was distinctly informed by M^r
Norcross that this Corporation would not undertake to arrange
with M^r Coolidge, would do nothing about the proposed changes,
but that the city must take the whole responsibility.

On November 7^t, 1869, after M^r Coolidge's claim had
been presented to the Board, it was

"Voted, – that the Treasurer be authorized to pay $250. –
"to the City of Cambridge for the improvement made upon Coolidge
"Avenue, upon receiving from said City a sufficient bond of in-
"demnity against any claim for damages by the abuttors, or a
"satisfactory release from said abuttors."

Several demands have since been made for the payment
of this money, but the terms of the vote not having been com-
plied with, nothing has been paid. The terms of the vote
seem to imply that the Committee were satisfied with the
work done.

While we are clearly of opinion that no claim can