Dwight v. County Commissioners
Massachusetts Supreme Judicial Court
At the hearing before a sheriff’s jury, to assess damages to the petitioners’ land, caused by laying out a highway, the presiding officer admitted the testimony of several "witnesses as to their opinion of the comparative market value of the estate of the petitioners before and after the alteration. And also the testimony of one witness, that the alteration would enhance the value of the land considerably, if cut up into building lots.
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At the hearing before a sheriff’s jury, to assess damages to the petitioners’ land, caused by laying out a highway, the presiding officer admitted the testimony of several "witnesses as to their opinion of the comparative market value of the estate of the petitioners before and after the alteration. And also the testimony of one witness, that the alteration would enhance the value of the land considerably, if cut up into building lots. The petitioners objected to all this evidence. The respondents also offered in evidence the record of the proceedings of the county commissioners in laying out…
1Opinion of the CourtMerrick, J.
The verdict, which is now objected to, was duly returned into the court of common pleas. The petitioners there moved that it should be set aside, and a new trial granted. But their motion was disallowed, and they therefore filed the exceptions which are before us.
They contend that the verdict should be set aside, because the presiding officer permitted the respondents to introduce improper evidence upon the trial, and gave erroneous instructions to the jury relative to the allowance .of benefits to the estate by way of set-off against the damages sustained. This evidence and these…
2Cited by1 opinion
- Roberts v. Board of County CommissionersSupreme Court of Arkansas · 1878