Carson v. Sewerage Commissioners of Brockton
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash an assessment upon the petitioner’s property in Brockton for the use of a common sewer. The respondents demurred to the petition. Hearing upon the petition and demurrer, before Barker, J., who, at the request of the parties, reserved the case for the consideration of the full court; such order to be made as law and justice might require. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a petition for a writ of certiorari for the purpose of quashing the assessment of an annual charge for the use of a common sewer. The assessment was authorized by St. 1892, c. 245, § 1, and by an ordinance in pursuance of that section. It is objected that both statute and ordinance are unconstitutional.
By the statute the city council of any city except Boston, or' a town, with sewers laid out under Pub. Sts. c. 50, §§ 1-3, or with a system of sewerage under § 7, may establish just and equitable annual charges or rents for the use of such sewers, to be paid by every one who enters his…
2Cases cited13 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Spencer v. MerchantSupreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hamilton's AppealSupreme Court of Pennsylvania · 1940
- Gericke v. PhiladelphiaSupreme Court of Pennsylvania · 1945
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1924
- Nourse v. City of RussellvilleCourt of Appeals of Kentucky (pre-1976) · 1935
- Sharp v. HallSupreme Court of Oklahoma · 1947
18 more not listed; retrieve them via the Exa API.