City of Boston v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Contract, to recover the amount of three betterment assessments. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, to recover the amount of three betterment assessments. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The superintendent of streets of the city of Boston, in October, 1892, in pursuance of an order passed by the mayor and aldermen on July 12, 1892, constructed a brick sidewalk in a portion of Bennington Street, a public highway in said city, and apportioned a proportionate part of the assessable cost of constructing such sidewalk to two parcels of land belonging to the…
1Opinion of the CourtKnowlton, J.
This is an action to recover three assessments made upon portions of the road-bed of the defendant to pay the cost of public improvements near the premises upon which the assessments were made. The assessments were laid at different times, under different statutes, two of them to pay the cost of construction of sidewalks in public streets, and one to pay for the construction of a sewer. Although there is some diversity in the statutes under which the work was done, the general principles applicable to the different claims are the same.
The making of such assessments is a form of taxation,…
2Cases cited14 opinions
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Boston Seamen's Friend Society v. Mayor of BostonMassachusetts Supreme Judicial Court · 1874
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1956
- Milford Water Co. v. Inhabitants of HopkintonMassachusetts Supreme Judicial Court · 1906
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
24 more not listed; retrieve them via the Exa API.