Bigelow v. City of Boston
Massachusetts Supreme Judicial Court
Petition under the St. of 1871, c. 382, § 7, to the Superior Court for a jury to revise an assessment of a betterment, made by the board of aldermen of the city of Boston, upon the estate of the petitioner, fronting on Shawmut Avenue, part of which was taken to widen that street.
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Petition under the St. of 1871, c. 382, § 7, to the Superior Court for a jury to revise an assessment of a betterment, made by the board of aldermen of the city of Boston, upon the estate of the petitioner, fronting on Shawmut Avenue, part of which was taken to widen that street. Trial before B,ochwell, J., who allowed a bill of exceptions in substance as follows : By an order passed by the board of aldermen of the city of Boston on August 29, 1870, and approved by the mayor on October 10, 1870, Shawmut Avenue was widened and extended from Dover Street to Tremont Street, taking a part of the…
1Opinion of the CourtMobton, J.
The only question raised by this bill of exceptions is as to the correctness of the ruling that the burden of proof was on the petitioner to prove that he was aggrieved by the adjudication and assessment by the board of aldermen, and that his land was not benefited to the extent adjudged by the board.
We are of opinion that this ruling was correct. The petition to the Superior. Court, provided for by the St. of 1871, c. 382, § 7, is in the nature of an application for the abatement of a tax. Boston Seamen's Friend Society v. Boston, 116 Mass. 181. It is not like an appeal at common law, which…
2Cases cited1 opinion
- Boston Seamen's Friend Society v. Mayor of BostonMassachusetts Supreme Judicial Court · 1874
3Cited by4 opinions
- Beals v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1899
- Driscoll v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1911
- Bowling v. City of BluefieldWest Virginia Supreme Court · 1927
- Breed v. City of LynnMassachusetts Supreme Judicial Court · 1879