Wamesit Power Co. v. Lowell & Andover Railroad
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of land for the construction of the respondent’s railroad. The county commissioners, at the time of issuing their warrant for a jury, at the request of the parties, under the Gen. Sts. a. 43, § 32, appointed Benjamin F. Thomas, Esquire, as a suitable person to preside at the trial.
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Petition to the county commissioners for a jury to assess damages for the taking of land for the construction of the respondent’s railroad. The county commissioners, at the time of issuing their warrant for a jury, at the request of the parties, under the Gen. Sts. a. 43, § 32, appointed Benjamin F. Thomas, Esquire, as a suitable person to preside at the trial. The trial was concluded on December 18, 1876, and a verdict was duly rendered, which was returned to the next term of the Superior Court, namely, on March 26, 1877, and was filed. At the same time, an agreement, signed by the counsel…
1Opinion of the Court
Gray, 0. J.
The proceedings for the assessment of the petitioner’s damages by a jury were governed by the provisions of the highway act. Gen. Sts. c. 63, § 22. By those provisions, it is the duty of the officer presiding at the trial before the sheriff’s jury to decide all questions of law arising at that trial *457which would be proper for the decision of a judge; to direct the jury upon any question of law, if requested by either party; and, if requested, to certify to the Superior Court with the verdict the substance of any decision or direction by him given $ and that court may set aside the…
2Cases cited3 opinions
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- Brady v. American Print WorksMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Brooks v. National Shawmut BankMassachusetts Supreme Judicial Court · 1949
- Goff v. BrittonMassachusetts Supreme Judicial Court · 1902
- Benson v. HallMassachusetts Supreme Judicial Court · 1908
- George v. HoltHawaii Supreme Court · 1893
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