Atkinson v. City Council of Newton
Massachusetts Supreme Judicial Court
Two petitions for writs of certiorari to quash the proceedings of the respondent in laying a betterment assessment upon the land of the respective petitioners. The cases were heard together, before Barker, J., who reserved them for the consideration of the full court, in substance as follows.
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Two petitions for writs of certiorari to quash the proceedings of the respondent in laying a betterment assessment upon the land of the respective petitioners. The cases were heard together, before Barker, J., who reserved them for the consideration of the full court, in substance as follows. It appeared that on or about January 1, 1894, certain citizens of Newton presented a petition to the city council, praying that a street should be laid out and constructed from Valentine Street to Washington Street in Newton, to be one hundred and twenty feet in width, to include two sidewalks, two…
1Opinion of the CourtBarker, J.
Under the common method in which public ways are laid out, altered, widened, or discontinued, the whole amount actually expended in making the improvement is ordinarily borne by the public. There may be voluntary private contributions reducing the amount of the public charge, and such contributions do not invalidate the acts of the authorities charged with the duty of adjudging whether the improvement shall be made, and its details. Parks v. Boston, 8 Pick. 218. Freetown v. Bristol, 9 Pick. 46. Copeland v. Packard, 16 Pick. 217. Crocket v. Boston, 5 Cush. 182. Arlington v. Cutter, 114 Mass.…
2Cases cited11 opinions
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Whiting v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1870
- Townsend v. HoyleSupreme Court of Connecticut · 1849
- Prince v. City of BostonMassachusetts Supreme Judicial Court · 1872
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3Cited by24 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- State v. JohnsonSupreme Court of Minnesota · 1910
- City of Bartlesville v. HolmSupreme Court of Oklahoma · 1914
- Inhabitants of Southborough v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1924
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