Kidder v. Inhabitants of Oxford
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 43, § 73, for a jury to assess the damages occasioned'by the laying out of a private way in the defendant town, over land of the petitioner. The way was laid out on March 15, 1862, by the selectmen of Oxford, who awarded the petitioner $30 as damages. The petitioner in due time applied to the county commissioners for a jury to assess the damages.
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Petition under the Gen. Sts. c. 43, § 73, for a jury to assess the damages occasioned'by the laying out of a private way in the defendant town, over land of the petitioner. The way was laid out on March 15, 1862, by the selectmen of Oxford, who awarded the petitioner $30 as damages. The petitioner in due time applied to the county commissioners for a jury to assess the damages. A jury was not summoned to try the issue until 1874, when on June 3, the case was tried before a sheriff’s jury, who rendered a verdict: “ That the complainant recover of the inhabitants of said Oxford the sum of $30…
1Opinion of the CourtGray, C. J.
The jury were authorized by law to include in their assessment of damages an allowance for interest from the time when the land was taken. Edmands v. Boston, 108 Mass. 535. The bill of exceptions does not show the date of actual entry upon the land, or raise any question as to the amount of *167interest, if any interest might be allowed. The direction to the jury to assess the item of interest separately is expressly stated not to have been excepted to. The verdict returns both the principal sum and the interest as u damages sustained” by the petitioner. The entire verdict should therefore have…
2Cases cited1 opinion
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- City of Los Angeles v. GagerCalifornia Court of Appeal · 1909
- First Baptist Society v. City of Fall RiverMassachusetts Supreme Judicial Court · 1875
- Douglass v. NicholsMassachusetts Supreme Judicial Court · 1882