Keith v. City of Boston
Massachusetts Supreme Judicial Court
Petition to the Superior Court, for the abatement of an assessment laid by the city of Boston upon the petitioner’s estate, situated on the corner of Shawmut Avenue and St. James Street, in Boston, for the construction of a sewer in Shawmut Avenue from Washington Street to.Circuit Street.
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Petition to the Superior Court, for the abatement of an assessment laid by the city of Boston upon the petitioner’s estate, situated on the corner of Shawmut Avenue and St. James Street, in Boston, for the construction of a sewer in Shawmut Avenue from Washington Street to.Circuit Street. At the trial in the Superior Court, before Rockwell, J., the plaintiff offered evidence tending to prove the relative benefit received by the various estates on the line of the sewer, but the judge ruled that if the plaintiff’s estate was benefited at all, iJ was to be assessed according to the value of the…
1Opinion of the CourtGray, C. J.
There was no evidence that either of the old culverts was laid out as a sewer, or that the petitioner. drained, or had any right to drain, from his estate into it. The existence of those culverts, therefore, could not affect the question whether his estate was benefited by the new sewer.
An overestimate of the number of square feet in the petitioner’s estate certainly did not make the assessment invalid, if that estate was assessed no more than its just proportion of the expense of constructing the sewer.
The jury, under the instructions of the court, have found that the petitioner’s estate was…
2Cases cited1 opinion
- Workman v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- KingmanMassachusetts Supreme Judicial Court · 1891
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Barber Asphalt Paving Co. v. WattSupreme Court of Louisiana · 1899
- Smith v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1902
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