Lincoln v. Board of Street Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash an assessment for betterments made under St. 1893, c. 339, and St. 1894, c. 439, for the construction of Boylston Street, a public way in the city of Boston. Hearing before Knowlton, J., who was of opinion that the petition should be dismissed, but, at the request of the petitioners, reported the case for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a petition for a writ of certiorari to quash an assessment for betterments made under St. 1893, c. 339, and St. 1894, c. 439. Under these acts the street commissioners of Boston constructed a portion of Boylston Street, with sewers, and established building lines outside of and parallel with the lines of the highway. They assessed upon the abutters, and no others, so much of the cost of the whole work (subject to the exceptions mentioned in § 2 of the act of 1893) as was equal to what they adjudged to be the total special benefits received, and in estimating the special benefits they…
2Cases cited20 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
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3Cited by10 opinions
- Mayor of Hyattsville v. SmithCourt of Appeals of Maryland · 1907
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Sears v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- Beals v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1923
- Spaulding v. MottIndiana Supreme Court · 1906
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