Smith v. City of Boston
Massachusetts Supreme Judicial Court
Contract against the city of Boston for a sewer assessment paid under protest. Writ dated October 25,1904. In the Superior Court the case was tried before Bell, J., without a jury, on certain agreed facts and evidence offered by the defendant. The assessment was for a sewer in Blue Hill Avenue and was made under the same order which was before this court in the case of Harwood v. Donovan, 188 Mass. 487, although upon a different lot.
Read the full summary
Contract against the city of Boston for a sewer assessment paid under protest. Writ dated October 25,1904. In the Superior Court the case was tried before Bell, J., without a jury, on certain agreed facts and evidence offered by the defendant. The assessment was for a sewer in Blue Hill Avenue and was made under the same order which was before this court in the case of Harwood v. Donovan, 188 Mass. 487, although upon a different lot. The facts agreed were as follows: On June 29,1895, and December 27,1895, the board of street commissioners of the city of Boston passed certain orders, declared…
1Opinion of the CourtSheldon, J.
In view of the decisions of j;his court, it is not now disputed that the statutes under which the assessment in" question was laid were unconstitutional and void so far as they purported to authorize such an assessment. St. 1891, c. 323. Lorden v. Coffey, 178 Mass. 489. Harwood v. Street Commissioners, 183 Mass. 348. St. 1892, c. 418. White v. Gove, 183 Mass. 333. St. 1897, c. 426. Sears v. Street Commissioners, 173 Mass. 350. And it was decided in Dexter v. Boston, 176 Mass. 247, that under such circumstances a sewer assessment which has been paid, as here, under protest, may be recovered…
2Cases cited12 opinions
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
- Dexter v. City of BostonMassachusetts Supreme Judicial Court · 1900
- Brewer v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1873
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934
- Ford v. ErskineSupreme Judicial Court of Maine · 1912