Gifford v. Inhabitants of Dartmouth
Massachusetts Supreme Judicial Court
Two petitions to the Superior Court, under the St. of 1873, e. 261, each for a jury to assess the damages caused to the petitioner’s estate by reason of the lowering of the grade of a highway in the respondent town, the selectmen having made no adjudication of the damages on petitions duly filed with them.
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Two petitions to the Superior Court, under the St. of 1873, e. 261, each for a jury to assess the damages caused to the petitioner’s estate by reason of the lowering of the grade of a highway in the respondent town, the selectmen having made no adjudication of the damages on petitions duly filed with them. The jury returned a verdict for the petitioner in the first case in the sum of $45, and for the petitioner in the second case in the sum of $30. The clerk taxed costs to each petitioner, against the objection of the respondent; Brigham, C. J. affirmed the taxation; and the respondent…
1Opinion of the CourtSoule, J.
A landowner aggrieved by the estimate made by the selectmen of the damages sustained by him by reason of the raising or lowering of a highway or town way, or by the neglect or refusal to estimate the same, may apply for a jury to have his damages ascertained in the manner provided where land is taken in laying out highways. Gen. Sts. c. 44, § 20. The jury thus applied for was formerly ordered by the county commissioners. Gen. Sts. c. 43, § 19. St. 1870, c. 75. By the St. of 1873, c. 261, it is provided that the application for a jury may be made to the Superior Court, and that the trial may…
2Cases cited2 opinions
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1807
- Williams v. City of TauntonMassachusetts Supreme Judicial Court · 1879
3Cited by8 opinions
- Dolores No. 2 Land & Canal Co. v. HartmanSupreme Court of Colorado · 1891
- Boston & Albany Railroad v. Inhabitants of CharltonMassachusetts Supreme Judicial Court · 1894
- Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1898
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1930
- Alger v. City of BostonMassachusetts Supreme Judicial Court · 1897
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