Wamesit Power Co. v. Lowell & Andover Railroad
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed January 19, 1883, for a jury to assess damages caused to the petitioner by the taking of a portion of its land and water power by the respondent, in the construction of its railroad.
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Petition to the Superior Court, filed January 19, 1883, for a jury to assess damages caused to the petitioner by the taking of a portion of its land and water power by the respondent, in the construction of its railroad. The petition alleged that the petitioner, being aggrieved by the award of the county commissioners, applied for a sheriff’s jury to assess its damages; that the verdict of the jury was returned to the Superior Court on March 26, 1877, and on November 11, 1882, was set aside by that court. The respondent filed a demurrer to the petition. The case was heard on the petition and…
1Opinion of the CourtMorton, C. J.
At the time when the land of the petitioner was taken by the respondent, and when the county commissioners assessed damages therefor, either party, if aggrieved by the doings of the commissioners, had the right to apply either *174to the Superior Court or to the county commissioners for a jury to assess the damages. Gen. Sts. c. 63, § 22. Sts. 1870, c. 75; 1873, c. 261. The petitioner duly applied to the county commissioners for a sheriff’s jury; a jury was empanelled, who returned their verdict to the Superior Court, and the verdict was set aside by that court.
The statute expressly provides that…
2Cases cited3 opinions
- Fall River Print Works v. City of Fall RiverMassachusetts Supreme Judicial Court · 1872
- Miller v. County Commissioners of BarnstableMassachusetts Supreme Judicial Court · 1876
- City of Brockton v. CrossMassachusetts Supreme Judicial Court · 1885