ASSESSORS OF SPRINGFIELD v. NEW ENGLAND TEL. & TEL.


330 Mass. 198 (1953)

112 N.E.2d 260

ASSESSORS OF SPRINGFIELD vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 4, 1953.


Attorney(s) appearing for the Case

Charles D. Sloan, City Solicitor, for the assessors of Springfield.

Leland Powers & George N. Hurd, Jr., for the taxpayer.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

The assessors appeal from a decision of a majority of the Appellate Tax Board abating as illegal an assessment made by the assessors for the year 1950 upon machinery, poles, wires and underground conduits, wires and pipes of the company. The ground of illegality is failure to assess in accordance with G.L. (Ter. Ed.) c. 59, § 39, as appearing in St. 1933, c. 254, § 36, and as most recently amended by St. 1939, c. 451, § 22. The entire section...

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