Wellington v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a sheriff’s jury, to assess the damages sustained by the taking by the respondent of the petitioners’ land in that part of Medford called Wellington for its railroad. The jury awarded each petitioner a certain sum, and their verdicts were accepted by the Superior Court; and the respondent appealed to this court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
1. As there must he a new trial upon other grounds, we need not decide whether the respondent can take advantage of the irregularities in procuring the jury. The statute (Pub. Sts. c. 49, § 39) has been construed to exclude jurors living in the town where the lands lie, and to authorize requisitions upon any three towns of the county which adjoin that town, without reference to the question of proximity to the lands. Wyman v. Lexington West Cambridge Railroad, 13 Met. 316, 324. Brown v. Boston & Worcester Railroad, 13 Met. 327, n. Meacham v. Fitchburg Railroad, 4 Cush. 291, 295. Shattuck v.…
2Cases cited14 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hurle's CaseMassachusetts Supreme Judicial Court · 1914
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
10 more not listed; retrieve them via the Exa API.