Legal Opinion

Dwight Printing Co. v. City of Boston

Massachusetts Supreme Judicial Court

Decided June 28, 1877PublishedCited by 12 opinions

Petition to the Superior Court, filed October 18,1875, under the St. of 1846, c. 167, § 6,* for the assessment of damages sustained by the petitioner from the taking of the waters of Sudbury River by the respondent, under the St. of 1872, c. 177. The court appointed a committee of three freeholders, who heard the parties, and made an award, in which they stated the claims of the petitioner and certain facts agreed and admitted at the hearing before them, and determined that…

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Petition to the Superior Court, filed October 18,1875, under the St. of 1846, c. 167, § 6,* for the assessment of damages sustained by the petitioner from the taking of the waters of Sudbury River by the respondent, under the St. of 1872, c. 177. The court appointed a committee of three freeholders, who heard the parties, and made an award, in which they stated the claims of the petitioner and certain facts agreed and admitted at the hearing before them, and determined that the petitioner had sustained no damages in its property by the said taking. In the Superior Court, the award was…

1Opinion of the CourtGray, C. J.

The manifest object and the necessary effect of the provisions of the Boston Wafer Act are that the committee of freeholders, appointed by the Superior Court, should act summarily and informally, and return simply the amount of damages, if any, which they find that the petitioner has sustained j that their award should not be subject to revision in matter of law by the Superior Court, or by this court on appeal, like an ordinary award of arbitrators returned into court; and that either party, dissatisfied with the award of the committee, and desiring a more regular and deliberate…

2Cases cited3 opinions

  1. Wamesit Power Co. v. AllenMassachusetts Supreme Judicial Court · 1876
  2. Mills v. County CommissionersMassachusetts Supreme Judicial Court · 1871
  3. Case of the Northampton BridgeMassachusetts Supreme Judicial Court · 1875

3Cited by12 opinions

  1. People v. HulbertMichigan Supreme Court · 1902
  2. Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
  3. Pennsylvania R. R. v. Sagamore Coal Co.Supreme Court of Pennsylvania · 1924
  4. Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
  5. Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879

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