Wrentham v. Corey
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to revise the assessment of damages made by the road commissioners of the petitioner for land taken by them in laying out certain town ways in Wrentham. The respondents demurred to the petition. The case was submitted to the Superior Court upon the demurrer and an agreed statement of facts. Hopkins, J. sustained the' demurrer, and dismissed the petition; and the petitioner appealed to this court, and also alleged exceptions.
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Petition to the Superior Court for a jury to revise the assessment of damages made by the road commissioners of the petitioner for land taken by them in laying out certain town ways in Wrentham. The respondents demurred to the petition. The case was submitted to the Superior Court upon the demurrer and an agreed statement of facts. Hopkins, J. sustained the' demurrer, and dismissed the petition; and the petitioner appealed to this court, and also alleged exceptions. The facts material to the point decided appear in the opinion.
1Opinion of the CourtKnowlton, J.
The respondents by their demurrer raised the question whether a town which has laid out a town way by the action of its road commissioners and the acceptance of their report can have a jury to revise their estimates of damages on the ground that the sums awarded are too large.
It has long been held that neither a county nor a town can maintain a petition for a jury to revise the estimates of. damages made by the county commissioners for land taken in laying out a highway. Baker v. Thayer, 3 Met. 312, 314. Marshall Fishing Co. v Hadley Falls Co. 5 Cush. 602. The county commissioners are a board…
2Cited by1 opinion
- Corey v. Inhabitants of WrenthamMassachusetts Supreme Judicial Court · 1895