Patton v. City of Springfield
Massachusetts Supreme Judicial Court
Petition on the St. of 1863, c. 107, § 3, for a jury to revise the determination of the city council of Springfield, under § 2, of the extent of territory benefited by the construction, under § 1, of a sewer from Garden Brook to the Connecticut River in that city, and of the division of the cost of the same between the city and the owners of real estate.
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Petition on the St. of 1863, c. 107, § 3, for a jury to revise the determination of the city council of Springfield, under § 2, of the extent of territory benefited by the construction, under § 1, of a sewer from Garden Brook to the Connecticut River in that city, and of the division of the cost of the same between the city and the owners of real estate. The sheriff of Hampden presided at the trial, and made a report thereof to the superior court, in substance as follows: “ It appeared that the city, pursuant to the statute above named, had constructed a sewer from Garden Brook in Ferry…
1Opinion of the CourtWells, J.
Upon the question of the proper division of the expense of constructing the Cypress Street sewer or drain, between the city and the owners of real estate within the territory supposed to be benefited thereby, the petitioners were allowed to show “ that several parties, whose lands were in the district ordered to be assessed, had each paid the city twenty-five dollars for entering the Ferry Street sewer.” The jury were also instructed that they might “ consider the revenue which the city may reasonably derive from the use of the Cypress Street sewer, by parties who may pay for draining…
2Cases cited1 opinion
- Bigelow v. DawsonMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Brownlie v. BrownlieIllinois Supreme Court · 1934
- Workman v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- Harter v. BarkleyCalifornia Supreme Court · 1910
- O'MALLEY v. Commissioner of Public Works of BostonMassachusetts Supreme Judicial Court · 1960
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