First Baptist Society v. City of Fall River
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 43, for a jury to assess the damages occasioned by the widening of Columbia Street, in Fall River, over land of the petitioner. The case was submitted to the Superior Court, and to this court on appeal, on an agreed statement of facts, in substance as follows : The land was taken on August 19, 1873, by the mayor and aldermen of Fall River, who awarded the petitioner $2000 as damages.
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Petition under the Gen. Sts. c. 43, for a jury to assess the damages occasioned by the widening of Columbia Street, in Fall River, over land of the petitioner. The case was submitted to the Superior Court, and to this court on appeal, on an agreed statement of facts, in substance as follows : The land was taken on August 19, 1873, by the mayor and aldermen of Fall River, who awarded the petitioner $2000 as damages. The petitioner being dissatisfied with the award applied for a sheriff’s jury to assess the damages. On June 11, 1875, the case was tried before a sheriff’s jury, who rendered a…
1Opinion of the Court
By the Court.
The jury were directed by the sheriff to add interest, from the time of the taking of the land, upon the amount of damages found by them to have been thereby occasioned to the petitioner’s estate, and to return the amount of damages and interest in one sum ; and they must be presumed to have followed that direction. It thus appears that their verdict included interest, and that, making due allowance for the interest so included, the damages awarded by the mayor and aldermen were not increased by the jury. The petitioner is therefore not entitled to costs. Gen. St. c. 43, § 73.…
2Cases cited1 opinion
- Kidder v. Inhabitants of OxfordMassachusetts Supreme Judicial Court · 1874
3Cited by4 opinions
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Hay v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- Rothenberg v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1957
- Douglass v. NicholsMassachusetts Supreme Judicial Court · 1882