Legal Opinion

Butler v. City of Worcester

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 17 opinions

Contract to recover back an assessment of $56.25 made by the mayor and aldermen of the city of Worcester, under St. 1867, c. 106,* upon the plaintiff’s estate on Gold Street in that city, and paid by him under protest after due proceedings taken to enforce payment thereof by levy and sale of the estate.

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Contract to recover back an assessment of $56.25 made by the mayor and aldermen of the city of Worcester, under St. 1867, c. 106,* upon the plaintiff’s estate on Gold Street in that city, and paid by him under protest after due proceedings taken to enforce payment thereof by levy and sale of the estate. In the Superior Court the case was submitted upon an agreed statement of facts, the material portions of which were as follows: The act of 1867, c. 106, was duly accepted by the voters of the city, April 16, 1867. March 11,1867, the joint standing committee of the city council on sewers, to…

1Opinion of the CourtGray, C. J.

The St. of 1867, e. 106, manifests the opinion and determination of the Legislature that the ordinary provisions of the statutes for the construction of common sewers and the assessment of a portion of the expense of each upon the adjacent estates were inadequate to the needs of a large and rapidly increasing city, not situated upon any river or upon tide water • and that it was necessary to adopt a new and comprehensive system, by which the natural watercourses within the limits of the city of Worcester might be appropriated and adapted to the discharge of the sewage of the whole city, and a…

2Cases cited7 opinions

  1. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  2. Brewster v. . City of SyracuseNew York Court of Appeals · 1859
  3. Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
  4. Willard v. PresburySupreme Court of the United States · 1870
  5. Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870

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3Cited by17 opinions

  1. Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
  2. Boody v. WatsonSupreme Court of New Hampshire · 1886
  3. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1927
  4. Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898
  5. Cohen v. PriceMassachusetts Supreme Judicial Court · 1930

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