City of Lowell v. Wentworth
Massachusetts Supreme Judicial Court
This was an action of assumpsit, tried before Perkins, J., in the court of common pleas, to recover the expense of building a sidewalk on the south side of Lee street, in the city of Lowell, in front of a lot of land owned by the defendant, on which there was a dwelling-house. The jury returned a verdict for the defendant, and the plaintiffs excepted. Several exceptions were taken, only one of which was considered by the court, and is fully stated in the opinion.
1Opinion of the CourtMetcalf, J.
We are of opinion that the judge rightly ruled, at the trial, that the defendant was entitled to a verdict.
The seventeenth chapter of the city ordinances, § 4, requires that the superintendent of streets shall “keep an exact account of all expenses incurred in building a sidewalk, and report the same, in writing, to the auditor of accounts, with the names of the persons owning estates adjoining the sidewalk, and chargeable with any part of such expense, and also the length of the sidewalk adjoining each estate.” And the auditor, on receiving such report, is required to give immediate “ notice…
2Cited by15 opinions
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