Fairbanks v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed February 21,1900, under St. 1895, c. 488, § 14, as described by the court. The case came on to be heard before Loring, J., on two motions, one by the petitioner for a trial by jury, and the other by the respondent for the acceptance of the report of the commissioners theretofore filed in the case.
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Petition, filed February 21,1900, under St. 1895, c. 488, § 14, as described by the court. The case came on to be heard before Loring, J., on two motions, one by the petitioner for a trial by jury, and the other by the respondent for the acceptance of the report of the commissioners theretofore filed in the case. After hearing and by agreement of the parties, the justice reserved for the determination of the full court the question whether the petitioner was entitled to claim a trial by jury, without prejudice to the rights of the respondent to press its motion for the acceptance of the…
1Opinion of the CourtKnowlton, C. J.
The petitioner seeks to recover damages to his property under the St. 1895, c. 488, § 14, for the doings of the metropolitan water board under this statute. No part of his property has been taken or entered upon or used, and his land is not adjacent to the river whose waters are taken, nor to the flowage line of the main reservoir provided for by the act, and there has been no change of grade, alteration or discontinuance of any railroad or public way passing over the petitioner’s premises, or immediately adjacent thereto or abutting thereon. The petitioner’s claim is under the provision of §…
2Cases cited1 opinion
- Sawyer v. CommonwealthMassachusetts Supreme Judicial Court · 1902
3Cited by5 opinions
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- McNamara v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- Carville v. CommonwealthMassachusetts Supreme Judicial Court · 1905