Goldsmith v. Prendergast Construction Co., 252 U.S. 12 (1920)

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Goldsmith v. George G. Prendergast Construction Company

No. 127

Argued January 13, 14, 1920
Decided March 1, 1920
252 U.S. 12

ERROR TO THE SUPREME COURT

OF THE STATE OF MISSOURI

Syllabus

In apportioning the cost of a sewer, the assessing authorities excluded therefrom a city park from part of which the drainage was naturally toward, and was to some extent conducted into, the sewer, but the amount so conducted was not shown to be considerable, nor did it appear that such drainage could not be disposed of by other means. The state courts having sustained the exclusion as within the discretion of the assessing authorities, held that it could not be regarded as so arbitrary and unequal in operation and effect as to render assessments on other property invalid under the Fourteenth Amendment. P. 17.

Refusal to transfer a cause from a division of the Supreme Court of Missouri to the court in banc does not violate any constitutional right. P. 18.

273 Mo. 184 affirmed.

The case is stated in the opinion.