Miller v. County Commissioners of Barnstable
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus. The petition was filed in Barnstable County, and notice issued there returnable in Suffolk, where the case was heard by Ames, J., who reserved for the consideration of the full court the question whether a peremptory mandamus should issue, or the petition be dismissed, upon the following facts : On July 1,1874, Charles Miller applied to the county commissioners to estimate his damages by the location and construction, over his lands in…
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Petition for a writ of mandamus. The petition was filed in Barnstable County, and notice issued there returnable in Suffolk, where the case was heard by Ames, J., who reserved for the consideration of the full court the question whether a peremptory mandamus should issue, or the petition be dismissed, upon the following facts : On July 1,1874, Charles Miller applied to the county commissioners to estimate his damages by the location and construction, over his lands in Falmouth, of the railroad of the Cape Cod Railroad Company, of which corporation the Old Colony Railroad Company was the…
1Opinion of the CourtGray, C. J.
The damages, occasioned to the lands of any person by the laying out, making and maintaining of a railroad, are to be estimated in the first instance by the county commissioners, and either party, if dissatisfied with their estimate, may, within one year after it is returned, apply for a jury to assess the damages. Gen. Sts. c. 63, §§ 21, 22. Under the General Statutes, such application could only be made to the county commissioners, and the trial had before a sheriff’s jury. Gen. Sts. c. 43, §§ 22 seq. But by the St. of 1873, c. 261, “ in all cases in which it is provided by law that a…
2Cases cited3 opinions
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- Powers v. City CouncilMassachusetts Supreme Judicial Court · 1874
- Stearns v. StearnsMassachusetts Supreme Judicial Court · 1819
3Cited by10 opinions
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Old Colony Trust Co. v. SegalMassachusetts Supreme Judicial Court · 1932
- Dorsey v. CorkeryMassachusetts Supreme Judicial Court · 1917
- State ex rel. Spalding v. BentonMontana Supreme Court · 1892
- City of Brockton v. CrossMassachusetts Supreme Judicial Court · 1885
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