Oliver Wendell Holmes, Jr.

“ Publication in daily papers is explained sufficiently by their being the papers that business men are most likely to read. It was said that, construed as we construe it, the statute would be satisfied if a single publication were made a year before the day. The answer is that the court fixes the notice, and will see that no injustice is done. It should be observed further that the statute itself is notice of everything except the time and place of the proceeding. It locates exactly upon the face of the earth the extensions to be made and gives their length and width. ”

“ A matter more insisted upon by the court of appeals is that the jury were not instructed to take into consideration the dedication of land for the improvement, and the value of the land so dedicated, as the Code requires that they should be. § 491g. The court was satisfied from an examination of the record that the jury did not consider valuable dedications made by the respondents. The argument is very strong that the court was right on the matter of fact, and as the jury were not instructed as to their duty, we accept the conclusion of the court of appeals. ”

“ We may assume that the special act has adjudicated the extent of the benefits as a whole (Briscoe v. Rudolph, 221 U.S. 547, 551, 55 L. ed. 848, 850, 31 Sup. Ct. Rep. 679) , but it leaves open all questions as to any particular lot. Those elements of the petitioners' case remained for them to prove. ”