MR. JUSTICE SHIRAS, after stating the case as above, delivered the opinion of the court.
In the memory of men now living, a proposition to take private property, without the consent of its owner, for a public park, and to assess a proportionate part of the cost upon real estate benefited thereby, would have been regarded as a novel exercise of legislative power.
It is true that, in the case of many of the older cities and towns, there were commons or public...
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