Warner v. County of Franklin
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of the petitioner’s land for the construction of two highways in Montague. The Superior Court accepted the verdict of the jury in favor of the petitioner; and the respondent appealed to this court. The facts appear in the opinion.
1Opinion of the CourtGray, C. J.
Proceedings for laying out highways begin before the county commissioners, a tribunal whose judicial action is not according to the course of the common law, and is therefore subject to be revised by this court by writ of certiorari. If a landowner is aggrieved by the estimate of his damages, and applies to the county commissioners for a jury to re-estimate them, the county commissioners issue a warrant to the sheriff to summon such a jury, the rulings of the sheriff at the trial before him are certified with the verdict to the Superior Court, and the decisions of that court thereon may be…
2Cases cited6 opinions
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- Kinsman v. City of CambridgeMassachusetts Supreme Judicial Court · 1877
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- Fall River Print Works v. City of Fall RiverMassachusetts Supreme Judicial Court · 1872
- Whitney v. City of LynnMassachusetts Supreme Judicial Court · 1877
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3Cited by1 opinion
- Onset Street Railway Co. v. County Commissioners of PlymouthMassachusetts Supreme Judicial Court · 1891