Shepherd v. Inhabitants of Camden
Supreme Judicial Court of Maine
On MOTION. This was a complaint by land owner to the court for Knox county, under R. S., c. 18, § 68 as amended by c. 97, of tbe public laws of 1887, for a view and assessment of damages caused by raising tbe street in front of the plaintiff’s premises, in the village of Rockport, town of Camden. The defendants contended that the benefits were equal to the damages. There was a view by tbe jury who returned a verdict for the defendants.
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On MOTION. This was a complaint by land owner to the court for Knox county, under R. S., c. 18, § 68 as amended by c. 97, of tbe public laws of 1887, for a view and assessment of damages caused by raising tbe street in front of the plaintiff’s premises, in the village of Rockport, town of Camden. The defendants contended that the benefits were equal to the damages. There was a view by tbe jury who returned a verdict for the defendants. Besides tbe general motion to set aside tbe verdict, as against law and evidence, the plaintiff filed a special motion for a new trial on the ground of alleged…
1Opinion of the CourtLibbey, J.
This case was tried at nisi prius, on the petition of the plaintiff for damage to his lands by reason of a change of grade, in the street passing by them. The verdict was for the defendant. The case comes before this court on two motions. *537First, to set aside tbe verdict as against evidence. Second, for a new trial on the ground of newly-discovered evidence.
As to tbe first motion, we think the evidence reported .preponderates in favor of the plaintiff for some damages. But there was evidence on both sides, submitted to the jury, and the preponderance is not so great as to satisfy us that the…
2Cases cited1 opinion
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Maryland Casualty Co. v. Seattle Electric Co.Washington Supreme Court · 1913
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- Patterson v. RossignolSupreme Judicial Court of Maine · 1968
- Marr v. ShoresSupreme Judicial Court of Maine · 1985
- Johnson v. SmithWashington Supreme Court · 1921
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