Carville v. Commonwealth

The question before us is whether the petitioner is entitled to have a trial by jury upon his petition, brought under the St. 1895, c. 488, § 14, as amended by the St. 1901, c. 498, to recover damages for property taken by the metropolitan water board for the Wachusett reservoir. The petition was referred to commissioners, who made a report that the petitioner was not entitled to damages. This report was afterwards accepted' by a justice of this court. If the findings of the commissioners are correct, there are several grounds, either of which would preclude the petitioner from recovery. Some…