Atlantic Refining Co. v. Director of Public Works

This is a petition filed in the superior court pursuant to G. L. 1956, §37-6-18, for an assessment of damages for the taking by the respondent of the petitioner’s property for the public use. On the petitioner’s motion and without objection by the respondent the case was assigned for trial to the miscellaneous calendar on which jury-trial-waived cases are heard. Before the trial date was reached, however, that assignment was vacated by a justice of the superior court on the ground that §37-6-18 gave petitioner “one remedy and one remedy only, that being assessment of damages by a jury.” The…