Legal Opinion

Copeland v. Mayor & Aldermen

Massachusetts Supreme Judicial Court

Decided September 2, 1896PublishedCited by 22 opinions

Petition for a writ of certiorari, to quash an assessment for the entire expense of the construction of a sidewalk in the city of Springfield, under § 15 of the city charter, St. 1852, c. 94. Hearing before Lathrop, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtBarker, J.

It is provided by St. 1895, c. 444, that the board having power to establish sidewalks in any city may construct or complete walks in any street where public convenience requires it, and may assess upon abutters not more than one half of the expense, with a deduction for previous assessments if any such have been paid. The petitioner is assessed for the whole expense of a sidewalk constructed since the statute took effect, and the assessment must be quashed if the statute cited governs all sidewalk assessments in the city of Springfield. The respondents contend that the power given by the…

2Cases cited5 opinions

  1. United Hebrew Benevolent Ass'n v. BenshimolMassachusetts Supreme Judicial Court · 1881
  2. Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
  3. Titcomb v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1811
  4. Pease v. WhitneyMassachusetts Supreme Judicial Court · 1809
  5. Harnden v. GouldMassachusetts Supreme Judicial Court · 1879

3Cited by22 opinions

  1. Pereira v. New England LNG Co., Inc.Massachusetts Supreme Judicial Court · 1973
  2. Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Clancy v. WallaceMassachusetts Supreme Judicial Court · 1934
  4. McKenna v. WhiteMassachusetts Supreme Judicial Court · 1934
  5. Cohen v. PriceMassachusetts Supreme Judicial Court · 1930

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