Commonwealth v. Carpenter
Massachusetts Supreme Judicial Court
This was a certiorari, issued upon the motion of the Norfolk and Bristol Turnpike Corporation, to the Court of Sessions for this county, commanding them to certify the proceedings of that court relative to the awarding of damages to the respondent, by reason of the laying lut of the said turnpike road.
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This was a certiorari, issued upon the motion of the Norfolk and Bristol Turnpike Corporation, to the Court of Sessions for this county, commanding them to certify the proceedings of that court relative to the awarding of damages to the respondent, by reason of the laying lut of the said turnpike road. Upon inspection of the proceedings certified, it appeared that a committee, appointed by the Sessions pursuant to the statute creating the said corporation, had awarded a sum of money to Carpenter, the respondent, for the damage sustained by him in passing said road over his land. The…
1Opinion of the Court
Curia.
The statute giving costs to the party prevailing in civil actions does not extend to proceedings of this kind. The silence of the statutes for regulating the method of laying out highways, in respect to the payment of costs by a party who rests satisfied with the report of the committee, is very reasonable. It would, without doubt, be inequitable to mulct him in costs, for what, at most, must be considered as a mistake in judgment of a committee, in whose appointment he had no voice, and over whose inquiries or report he had no control. But there is no provision of law authorizing him…
2Cited by13 opinions
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- Shriners' Hospital for Crippled Children v. Boston Redevelopment AuthorityMassachusetts Appeals Court · 1976
- Hurlbut v. WilcoxWisconsin Supreme Court · 1865
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