Case of the Sunderland Bridge
Massachusetts Supreme Judicial Court
Petition of forty-nine legal voters of the towns of Sunder-land and Deerfield, praying for the appointment of commissioners under the St. of 1875, c. 175, entitled “An act relating to Sunderland Bridge.”
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Petition of forty-nine legal voters of the towns of Sunder-land and Deerfield, praying for the appointment of commissioners under the St. of 1875, c. 175, entitled “An act relating to Sunderland Bridge.” Commissioners were appointed, who heard the parties, and made an award, in which they determined that the sum of $21,000 should be paid to the proprietors of the bridge “ as damages for laying out of said bridge, piers and abutments as a public highway, and for the land, toll-house and all the appurtenances thereof lying east of said bridge; ” and decreed that the towns of Sunderland,…
1Opinion of the CourtDevens, J.
The appeal of the county commissioners from the award of the commissioners on Sunderland Bridge is not well taken. Even if they were entitled to appeal from a part only of the award, which we do not intimate, they were not entitled by an appeal to bring before a jury the inquiry whether *461the burden of paying the damages awarded, and of maintaining and repairing the bridge as a public highway, was rightly distributed by the bridge commissioners. There was no right, on the part of the county or towns interested, to a trial by jury upon this issue, except at the discretion of the Legislature.…
2Cases cited1 opinion
- Case of the Northampton BridgeMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- KingmanMassachusetts Supreme Judicial Court · 1891
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- Miller v. Huntington & Ohio Bridge Co.West Virginia Supreme Court · 1941
- County CommissionersMassachusetts Supreme Judicial Court · 1887
- Wyman v. Eastern RailroadMassachusetts Supreme Judicial Court · 1880