Fall River Railroad v. Chase
Massachusetts Supreme Judicial Court
Petition to the Superior Court, at September term 1876, for the reassessment by a jury of the damages occasioned to the respondent by the taking of his land for the petitioner’s railroad.
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Petition to the Superior Court, at September term 1876, for the reassessment by a jury of the damages occasioned to the respondent by the taking of his land for the petitioner’s railroad. On August 2, 1876, the county commissioners, on the petition of Chase, had assessed such damages at the sum of $94. Chase did not file any petition for reassessment by a jury; but on October 13, 1876, in answer to the petition of the railroad company, alleged that he was aggrieved by and dissatisfied with the estimate and award of the county commissioners, and demanded a trial by jury. On September 18, 1877,…
1Opinion of the CourtGray, C. J.
Either party, dissatisfied with the award of the county commissioners, assessing damages for the taking oi land for a railroad, may apply for a jury to assess the damages. Parker v. Boston & Maine Railroad, 3 Cush. 107. Miller v. County Commissioners, 119 Mass. 485. Sts. 1870, c. 75; 1873, c. 261; 1874, c. 372, § 68. But he is not entitled to a jury, unless he makes his application therefor within a year from the award of the commissioners, and enters into a recognizance for the payment of costs. St. 1874, c. 372, § 67. Gen. Sts. c. 43, § 24. New Haven Northampton Co. v. Northampton, 102…
2Cases cited4 opinions
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- Miller v. County Commissioners of BarnstableMassachusetts Supreme Judicial Court · 1876
- Burbank v. WoodwardMassachusetts Supreme Judicial Court · 1878
- Elwell v. Eastern RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
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- State Ex Rel. State Road Commission v. BoggessWest Virginia Supreme Court · 1962
- Hanley v. Iowa Electric Co.Supreme Court of Iowa · 1919
- White v. County of FranklinMassachusetts Supreme Judicial Court · 1931