Portland & Rochester Railroad v. Inhabitants of Deering
Supreme Judicial Court of Maine
This was a petition by the Portland and Rochester Railroad Company for increase of damages on account of certain town ways laid out across its track. The case was heard by a sheriff’s jury presided over by a commissioner appointed by the county commissioners.
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This was a petition by the Portland and Rochester Railroad Company for increase of damages on account of certain town ways laid out across its track. The case was heard by a sheriff’s jury presided over by a commissioner appointed by the county commissioners. At the hearing the petitioners’ counsel noted certain exceptions to the rulings of the commissioner, and upon the filing of the verdict and report of the commissioner in the Supreme Judicial Court the petitioner filed a motion in writing to set aside the verdict, because, among other reasons, of the rulings of the commissioner which are…
1Opinion of the CourtPeters, C. J.
The town of Deering laid out two of its new ways over the track of a railroad company, and the question before a sheriff’s jury was as to the damages sustained by the company for the easements taken. The commissioner presiding at the hearing instructed the jury that they were simply to estimate the natural and actual direct damages sustained by reason of the crossings, regard being had to the use which the crossings were put to, namely, town ways; but that, in estimating such damages they should not consider the mere probable use in the future to which the land taken might be put by the…
2Cases cited7 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- City of Detroit v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1880
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Massachusetts Central Railroad v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1876
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3Cited by17 opinions
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- Slattery Company, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- Missouri State Park Board v. McDanielMissouri Court of Appeals · 1971
- Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- Lake Erie & Western Railroad v. ShelleyIndiana Supreme Court · 1904
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