Commonwealth v. Justices of the Sessions for the County of Middlesex
Massachusetts Supreme Judicial Court
The inhabitants of the town of Cambridge piusented a petition, stating that at the Court of Common Pleas for this county, holden in December, 1809, upon a petition of the said inhabitants, complaining of the report of a committee before that time appointed to locate a way in said town, and particularly of the damages awarded by the said committee to Andrew Cragie, an owner of the land over which tne said way passed, and praying that a jury might be summoned according to law,…
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The inhabitants of the town of Cambridge piusented a petition, stating that at the Court of Common Pleas for this county, holden in December, 1809, upon a petition of the said inhabitants, complaining of the report of a committee before that time appointed to locate a way in said town, and particularly of the damages awarded by the said committee to Andrew Cragie, an owner of the land over which tne said way passed, and praying that a jury might be summoned according to law, to determine whether the said Andrew had sustained any damages, and, if any, to what amount, by the locating of said…
1Opinion of the Court
By the Court.
The jury might and ought to return that the party sustained no damages, if such was their conviction. The benefit
the owner of land derives from the laying out a way over it, may often exceed the value of the land covered by the way; and iri such case he is entitled to no damages. (1) (a)
The objection to the number of jurors summoned has no weight. The statute has not limited the number. It was well, by summoning some supernumeraries, to avoid the necessity of a selection de talibus circumstantibus.
*346No good cause having been shown against the verdict, let a mandamus issue to the…
2Cases cited2 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Manning v. StateTennessee Supreme Court · 1927
3Cited by9 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Wood v. StrotherCalifornia Supreme Court · 1888
- State v. CooperSupreme Court of New Jersey · 1849
- Foster v. Board of Park CommissionersMassachusetts Supreme Judicial Court · 1882
- San Francisco, Alameda & Stockton R.R. v. CaldwellCalifornia Supreme Court · 1866
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