Gilligan v. Aldermen of Providence

Supreme Court of Rhode Island

Gilligan v. Aldermen of Providence

11 R.I. 258, 1875 R.I. LEXIS 35

Supreme Court of Rhode Island·Decided December 27, 1875·Published

Opinion

Dureee, C. J.

We think the words “ any.abutting owner,” as used in Gen. Stat. R. I. cap. 60, § 38, are comprehensive enough to include a tenant for life or years, or from year to year, of the abutting estate, as well as the owner of the fee. A lessee is an owner pro tanto of the estate which is leased to him. This construction, moreover, is in keeping with the meaning which obviously belongs to the word “ owner,” in Gen. Stat. R. I. cap. 59, § 4 (as see cap. 59, § 6), and with the rule of construction given in cap. 22, § 9. We grant the writ of mandamus. Petition granted.

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Dureee, C. J.

We think the words “ any.abutting owner,” as used in Gen. Stat. R. I. cap. 60, § 38, are comprehensive enough to include a tenant for life or years, or from year to year, of the abutting estate, as well as the owner of the fee. A lessee is an owner pro tanto of the estate which is leased to him. This construction, moreover, is in keeping with the meaning which obviously belongs to the word “ owner,” in Gen. Stat. R. I. cap. 59, § 4 (as see cap. 59, § 6), and with the rule of construction given in cap. 22, § 9. We grant the writ of mandamus. Petition granted.

Gilligan v. Aldermen of Providence, 11 R.I. 258, 1875 R.I. LEXIS 35 (R.I. 1875).

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