Oliver Wendell Holmes, Jr.

“ It is most improbable that the widening of an alley could have nearly trebled the value of each lot. We think it apparent, as was assumed by the court of appeals, that the jury understood their duty to be to divide the whole cost among the landowners, whether the benefit was equal to their share of the cost or not. It must be admitted that the language of the statute more or less lent itself to that understanding. There is nothing in the record sufficient to show that the jury took a different view, or that they limited the assessment to the benefit actually conferred on these lots. ”

“ It is true that the jury is to apportion an amount equal to the amount of the damage ascertained, but it is to apportion it 'according as each lot or part of lot of land in such square may be benefited by the opening, etc.' Very likely it was thought that in general, having regard to the shortness of the alleys, the benefits would be greater than the cost. ”

“ But when the chance of the cost exceeding the benefit grows large, and the amount of the not improbable excess is great, it may not follow that the case last cited will be a precedent. Constitutional rights like others are matters of degree. ”