Stark v. City of Boston
Massachusetts Supreme Judicial Court
Contract for the amount of certain assessments for street watering paid by the plaintiffs under protest. Writ in the Municipal Court of the City of Boston dated November 10, 1900. On appeal to the Superior Court, the case was tried before Mason, C. J., without a jury. The judge found the following facts: The plaintiffs owned the lots of land named in tne declaration.
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Contract for the amount of certain assessments for street watering paid by the plaintiffs under protest. Writ in the Municipal Court of the City of Boston dated November 10, 1900. On appeal to the Superior Court, the case was tried before Mason, C. J., without a jury. The judge found the following facts: The plaintiffs owned the lots of land named in tne declaration. They were situated in outlying districts of the city of Boston, but where the houses were not widely separated. All the lots were unoccupied, although houses had been erected on four of them, the plaintiffs holding them for sale.…
1Opinion of the CourtKnowlton, J.
In Sears v. Boston, 173 Mass. 71, it was held that the St. 1897, c. 419, was constitutional. The assessment for watering the streets in the present case was founded on the St. 1899, c. 366, which in its main features is like the former statute above referred to, although it contains an additional provision giving to every one aggrieved by action under it the right to be heard upon an application for an abatement, and requiring abatement to be made either of the whole or of a part of the charge, if the assessment is improper or excessive. The application may be made to the street commissioners…
2Cases cited3 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
3Cited by12 opinions
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Edwards v. BruortonMassachusetts Supreme Judicial Court · 1904
- Corcoran v. Board of AldermenMassachusetts Supreme Judicial Court · 1908
- City of Roswell v. BatemanNew Mexico Supreme Court · 1915
- Ankeny v. City of SpokaneWashington Supreme Court · 1916
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