Arnold v. City of Cambridge
Massachusetts Supreme Judicial Court
Contract to recover back $193.42, assessed by the mayor and aldermen of Cambridge on the plaintiff as an abutter on Main Street in that city, and paid by him under written protest. The plaintiff bought in 1841, and ever since owned in fee simple, a lot of land on the north side of Main Street in Cambridge, between Harvard Street and the West Boston Bridge.
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Contract to recover back $193.42, assessed by the mayor and aldermen of Cambridge on the plaintiff as an abutter on Main Street in that city, and paid by him under written protest. The plaintiff bought in 1841, and ever since owned in fee simple, a lot of land on the north side of Main Street in Cambridge, between Harvard Street and the West Boston Bridge. By the St. of 1863, o. 191, it was enacted that “ whenever the mayor and aldermen of the city of Cambridge shall deem B expedient to construct sidewalks, or complete any partially constructed sidewalks, in any street of said city, they are…
1Opinion of the CourtAmes, J.
The sole authority, under which the mayor and aldermen of Cambridge have the right to assess landowners with any part of the expense incurred in the construction of sidewalks, is given by the St. of 1863, c. 191, and must of course be exercised in strict conformity with the terms of that statute. It provides that, whenever .they shall deem it expedient to construct sidewalks in any street of said city, they are authorized to construct such sidewalks with edgestones, and in front of buildings or occupied premises to cover the same with bricks or flat stones, and the expense of such edgestones…
2Cited by13 opinions
- French v. City of BurlingtonSupreme Court of Iowa · 1876
- City of Detroit v. MartinMichigan Supreme Court · 1876
- Hutchinson v. City of OmahaNebraska Supreme Court · 1897
- State ex rel. Collings v. BeckIndiana Supreme Court · 1882
- Mayall v. City of St. PaulSupreme Court of Minnesota · 1883
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