Dexter v. City of Boston
Massachusetts Supreme Judicial Court
Contract, to recover a portion of an assessment levied for the construction of a sewer in the city of Boston. At the trial in the Superior Court without a jury, before Fessenden, J„ the case was submitted on an agreed statement of facts, in substance as follows.
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Contract, to recover a portion of an assessment levied for the construction of a sewer in the city of Boston. At the trial in the Superior Court without a jury, before Fessenden, J„ the case was submitted on an agreed statement of facts, in substance as follows. The plaintiff, on December 30,. 1893, January 31,1894, and May 29, 1895, and at the time of the bringing of his writ, was the owner of a large tract of vacant land situated on Commonwealth Avenue, a public highway, and on Malvern, Gardner, and Ashford Streets, private ways in that part of Boston called Brighton. Gardner Street was…
1Opinion of the CourtKnowlton, J.
In its essential features this case is like Weed v. Boston, 172 Mass. 28, in which it was held that St. 1892, *251c. 402, is unconstitutional in its requirement that all expenses incurred in the making of a sewer in a highway or strip of land or other place in the city of Boston, to an amount not exceeding four dollars for each lineal foot of sewer, shall be repaid to the city as the assessable cost of the work, by the owners of the several parcels of land bordering on the highway or strip of land in which the sewer is made, and in its direction that this assessable cost shall be apportioned, to…
2Cases cited8 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- City of Boston v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- King v. PortlandOregon Supreme Court · 1900
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. DiazMassachusetts Supreme Judicial Court · 1950
21 more not listed; retrieve them via the Exa API.