City of Brockton v. Cross
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages sustained by the respondent by the taking of the water and water sources of Salisbury Brook and its tributaries by the petitioner, under the St. of 1878, c. 124: in the nature of an appeal from an assessment of such damages by the county commissioners, upon the petition of the present respondent.
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Petition to the Superior Court for a jury to assess the damages sustained by the respondent by the taking of the water and water sources of Salisbury Brook and its tributaries by the petitioner, under the St. of 1878, c. 124: in the nature of an appeal from an assessment of such damages by the county commissioners, upon the petition of the present respondent. The respondent filed a motion in the Superior Court to dismiss the petition, on the ground that he had made his application by petition to the county commissioners for a jury to assess his damages in the same matter set forth in the…
1Opinion of the CourtHolmes, J.
Both parties agree that the tribunal to which the first application was duly made acquired exclusive jurisdiction. Miller v. County Commissioners, 119 Mass. 485. The petition to the Superior Court was filed at ten minutes after eleven in the forenoon of June 4, 1883. The petition to the county commissioners was indorsed by the clerk as filed at twenty minutes after eleven on the same day, or ten minutes later. But the extended record sets forth that it “ was presented to the chairman of the county commissioners in the presence of the full board, at an adjournment of the March term,” at…
2Cases cited1 opinion
- Miller v. County Commissioners of BarnstableMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Dorsey v. CorkeryMassachusetts Supreme Judicial Court · 1917
- State Ex Rel. Furey v. Superior Court for Douglas CountyWashington Supreme Court · 1937
- Ætna Mills v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1901
- Allin v. GeorgasMassachusetts District Court, Appellate Division · 1936
- Wamesit Power Co. v. Lowell & Andover RailroadMassachusetts Supreme Judicial Court · 1885