Lincoln v. City of Worcester
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 mayor and board of aldermen of the city of Worcester, upon the estate of the petitioner fronting on Pratt Street. Trial before Rockwell, J., who allowed a bill of exceptions in substance as follows: Under an order, adopted December 16, 1872, Pratt Street was altered, widened and graded.
Read the full summary
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 mayor and board of aldermen of the city of Worcester, upon the estate of the petitioner fronting on Pratt Street. Trial before Rockwell, J., who allowed a bill of exceptions in substance as follows: Under an order, adopted December 16, 1872, Pratt Street was altered, widened and graded. By an order, adopted July 6, 1874, the mayor and board of aldermen adjudged the benefit and advantage to the petitioner’s land thereby to be $421.64, and assessed thereon $210.82.…
1Opinion of the CourtAmes, J.
It appears that, in the execution of the work of widening and otherwise improving Pratt Street, the respondent has not adhered literally to the terms of its own order. The street has been finished upon a considerably lower grade. As the respondent has undertaken to assess the betterments resulting from this improvement upon the persons specially benefited *122thereby, the grade which has been practically adopted must be considered as the true grade for all the purposes of such assessment. The respondent has no right, under the St. of 1871, c. 382, § 1, to make any such assessment until after the…
2Cases cited1 opinion
- Whiting v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Foster v. Board of Park CommissionersMassachusetts Supreme Judicial Court · 1882
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1878
- New England Hospital for Women & Children v. Street CommissionersMassachusetts Supreme Judicial Court · 1905