Hampshire & Hampden Canal Co. v. Ashley
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to the county commissioners of Hampden. The following facts appeared from the petition.
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Petition for a writ of certiorari to the county commissioners of Hampden. The following facts appeared from the petition. At a meeting of the county commissioners on the second Tuesday of May, 1828, the respondent presented a petition, alleging, that by .the act of incorporation of the Hampshire and Hampden Canal Company, (St. 1822, c.'59,) it was provided, that three commissioners should be appointed by the Court of Sessions for the county of Hampshire, to estimate the damages which should be sustained by any person over whose lands the canal might be located ; that the canal was located…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. Several errors have been assigned in the record of the proceedings of the county commissioners on the respondent’s petition, and in the rendition of judgment thereon, one of which appears to us conclusive in favor of the petitioners, and we have not considered the other errors assigned.
It appears by the record, that the county commissioners rendered judgment in favor of the respondent, on his petition for an increase of damages, not only for the damages assessed by the jury, but for his costs also ; which they were not authorized to do.
By the St.…
2Cases cited3 opinions
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- Bacon v. WardMassachusetts Supreme Judicial Court · 1813