Old Colony Railroad v. Miller
Massachusetts Supreme Judicial Court
Petition to the Superior Court, alleging that the petitioner was aggrieved by an award of the county commissioners, allowing $875 as damages caused by the location and construction of the petitioner’s railroad over the land of the respondent in Falmouth ; and praying for a jury to assess such damages.
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Petition to the Superior Court, alleging that the petitioner was aggrieved by an award of the county commissioners, allowing $875 as damages caused by the location and construction of the petitioner’s railroad over the land of the respondent in Falmouth ; and praying for a jury to assess such damages. Trial before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The location of the railroad crossed the respondent’s farm, cutting off between three and four acres of it, to which he had no access except by crossing the location. The railroad was constructed in the spring…
1Opinion of the CourtColt, J.
The right of the landowner to damages for land taken by a railroad corporation is complete when the location is made. That act constitutes the taking. It is the loss occasioned by the exercise of the right of eminent domain at that time, for which the statutes provide indemnity. The amount is then due, and, if agreed upon by the parties, must be then paid. If not agreed on, the damages are assessed by a jury n the application of either party; but they are assessed as of thy jme of the location, and the jury may properly allow interest upon the amount ascertained as damages, for the detention…
2Cases cited9 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
35 more not listed; retrieve them via the Exa API.