Flagg v. City of Worcester
Massachusetts Supreme Judicial Court
This was a proceeding before a sheriff’s jury, for the recovery of damages sustained by the petitioner, in consequence of the lowering, by the respondents, of the grade of a highway, adjoining the petitioner’s land in the city of Worcester.
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This was a proceeding before a sheriff’s jury, for the recovery of damages sustained by the petitioner, in consequence of the lowering, by the respondents, of the grade of a highway, adjoining the petitioner’s land in the city of Worcester. The petitioner, in his application to the county commissioners for a jury, set forth, that the respondents having failed to make any provision for the payment of his damages, and having never caused any adjudication thereof to be made, the petitioner, on the 19th of June, 1850, presented a petition to the mayor and aldermen, praying that his damages might…
1Opinion of the CourtBigelow, J.
The first objection taken to the acceptance of the verdict in this case, that there was no such determination by the mayor and aldermen of the city upon the question of damages, under Rev. Sts. c. 25, § 6, as to authorize the county commissioners to issue a warrant for a jury, cannot avail the respondents, because the objection was not seasonably taken. Such a determination is the basis of all subsequent proceedings, and without it the county commissioners had no authority to act in the premises. If, therefore, the respondents intended to avail themselves of such an objection, it was their…
2Cited by2 opinions
- Commonwealth v. AtwoodMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. WhitmarshMassachusetts Supreme Judicial Court · 1826