124 Mass. 464 | Mass. | 1878
The general authority, conferred by the St. of 1869, c. 390, upon the city council of Worcester, to assess the cost of constructing sidewalks upon the abutters thereon, is subject only to the limitation prescribed by the Constitution that the assessments shall be proportional and reasonable. The order of the city council in 1873 contains, in substance and effect, an assessment upon the plaintiff and all other abutters of their proportions of a certain sum, being the amount of the expense of constructing the sidewalk in question, an adjudication that a definite part of that sum is the plaintiff’s proportion of such expense and shall be collected of him according to law, and a statement that the other abutters have already paid their proportions, so that no further or more particular order as to them is necessary. The amount assessed upon the plaintiff is agreed to have been a proportional part of the expense of constructing the side