Fall River Print Works v. City of Fall River
Massachusetts Supreme Judicial Court
Petition to the county commissioners, dated July 3, 1870, alleging that the respondents, on November 2, 1868, altered and widened Pocasset Street; that in so doing they took part of the estate of the petitioners, and awarded them damages therefor; that the petitioners, within one year from the altering and widen ing, petitioned for a jury to assess damages; that the jury was summoned; that a verdict was returned to March term of the Superior Court, 1870 ; and that at that…
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Petition to the county commissioners, dated July 3, 1870, alleging that the respondents, on November 2, 1868, altered and widened Pocasset Street; that in so doing they took part of the estate of the petitioners, and awarded them damages therefor; that the petitioners, within one year from the altering and widen ing, petitioned for a jury to assess damages; that the jury was summoned; that a verdict was returned to March term of the Superior Court, 1870 ; and that at that term the court set aside the verdict. The prayer was for a jury to assess damages for the altering and widening. The jury…
1Opinion of the Court
By the Court.
1. The Gen. Sts. c. 43, § 42, provide that when a verdict is set aside, “ the commissioners, on application therefor, shall order a new jury.” It is obviously proper, if not necessary, that the party desiring further proceedings should file a petition, reciting the prior proceedings, including the setting aside of the verdict, in order that the basis of the further proceedings may appear of record. The petition was proper as an application for a new jury, and the warrant issued thereon was in conformity with the statute.
2. Whether any part of the land for which damages were…
2Cases cited1 opinion
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.Illinois Supreme Court · 1893
- Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Hamilton County v. GarrettTexas Supreme Court · 1884
- City of San Luis Obispo v. BrizzolaraCalifornia Supreme Court · 1893
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