Downer v. City of Boston
Massachusetts Supreme Judicial Court
This was an appeal from the judgment of the court of common pleas, upon a report and award of referees, under St. 1841, c. 115, § 4, assessing the charges of the construction of a main drain or common sewer in Second Street in South Boston.
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This was an appeal from the judgment of the court of common pleas, upon a report and award of referees, under St. 1841, c. 115, § 4, assessing the charges of the construction of a main drain or common sewer in Second Street in South Boston. The charges were originally assessed by the mayor and aldermen, pursuant to the city ordinance of March 7, 1844, [Ordinances of Boston of 1850, 358,] making it their duty in making assessments for defraying the expense of constructing or repairing common sewers, to deduct from the said expense such part, and not less than one quarter part, as they may deem…
1Opinion of the CourtShaw, C. J.
It appears to us that the order for the recommitment of the report of the referees was founded on a misapprehension. The court of common pleas seem to have supposed that the value of the estate could not be considered in the assessment; an impression probably caused by a misconception of the case of Boston v. Shaw, 1 Met. 130. The award had been already made, and the testimony upon which it was founded was not material; although, in point of fact, there had been no use of the drain by the petitioners. To explain the remark with regard to the misunderstanding of Boston v. Shaw, it is necessary…
2Cited by4 opinions
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- Newman v. City of EmporiaSupreme Court of Kansas · 1889
- Mason v. SpencerSupreme Court of Kansas · 1886
- Hentig v. GilmoreSupreme Court of Kansas · 1885