Lincoln v. Taunton Copper Manufacturing Co.
Massachusetts Supreme Judicial Court
This was an action of debt on a bond to abide the award of arbitrators, appointed by a written agreement between the parties “ to ascertain and determine, first whether any damage recoverable at law has been done to [certain] meadow lands of said Lincoln; secondly, whether said damage, if any, has been caused by the operation of the mill or works or business of said company; and, thirdly, if any damages, as aforesaid, have been thus caused, to determine and award what amount…
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This was an action of debt on a bond to abide the award of arbitrators, appointed by a written agreement between the parties “ to ascertain and determine, first whether any damage recoverable at law has been done to [certain] meadow lands of said Lincoln; secondly, whether said damage, if any, has been caused by the operation of the mill or works or business of said company; and, thirdly, if any damages, as aforesaid, have been thus caused, to determine and award what amount of pecuniary damages, if any, conformably to the legal rights of each party, the said company shall pay to the said…
1Opinion of the CourtFletcher, J.
The instrument of submission in this case expressly requires, that before hearing testimony and examining the premises, a time and place for hearing the parties shall be appointed, and the parties respectively duly notified and have opportunity to attend.
The evidence, as reported, shows that some time before the time and place of hearing were appointed, the arbitrators, with the plaintiff and his son, as one arbitrator expressly testified, (but another arbitrator testifies that the plaintiff’s son was present, but does not recollect that the plaintiff was there), went upon the premises and…
2Cited by4 opinions
- Fletcher v. M'FarlaneMassachusetts Supreme Judicial Court · 1815
- Hubbell v. RochesterNew York Supreme Court · 1828
- Dell Coal Co. v. County Court of Boone CountyWest Virginia Supreme Court · 1934
- Jones v. SmithSupreme Judicial Court of Maine · 1887