Reed v. Hanover Branch Railroad
Massachusetts Supreme Judicial Court
Petition to the comity commissioners for the assessment by a jury of damages occasioned to the firm of A. S. Reed & Company, composed of Amos S. Reed and Amos N. Reed, by the taking of their real estate in Abington for the construction of the respondents’ railroad.
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Petition to the comity commissioners for the assessment by a jury of damages occasioned to the firm of A. S. Reed & Company, composed of Amos S. Reed and Amos N. Reed, by the taking of their real estate in Abington for the construction of the respondents’ railroad. At the hearing by the jury, in Abington, October 26, 1869, the presiding officer overruled objections made by the respondents to the proceedings; and certified his rulings to the superior court, together with the verdict, which was for the petitioners in the sum of $900 with interest from June 1, 1866, the date when the real estate…
1Opinion of the CourtChapman, C. J.
1. The respondents having located their railroad over lands claimed by the petitioners, they filed an application under the Gen. Sts. o. 63. § 22, for damages to be assessed by a jury. Under such an appi nation, the proceedings are to be the same as are provided for the recovery of damages in the laying out of highways. The provision in respect to highways ia contained in o. 43. By § 27 the- warrant for a jury is to be directed to the sheriff or his deputy, or a coroner if the sheriff ia interested; and by § 28 he is “ to require of the selectmen of the three nearest towns not interested in…
2Cited by10 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Bangor & Piscataquis Railroad v. McCombSupreme Judicial Court of Maine · 1872
- City of Los Angeles v. GagerCalifornia Court of Appeal · 1909
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