Field, C. J, and Cope, J. concurring.
The Court below finds as the fact, that Battery street intersects and terminates at Market street, but that Market street does not terminate at that point of intersection; and under this finding the space in question cannot, without violence to the meaning of plain language, be held to be such a space as is intended by that portion of section thirty-seven, which speaks of a space formed by the
As the defendant’s lot was not liable to be assessed at all, he was not a party directly interested in the contract, work or assessment, within the meaning of section forty-five, and was not bound to appeal from the assessment, pursuant to the' provisions of that section. Although assessed, and in that sense he might be said to be interested in the assessment, we cannot hold this section to mean that a mere stranger to the locality, and who might have no suspicion that he had been assessed until too late to appeal, should be cut off from his defense.
Judgment affirmed.