Gilman v. City of Haverhill
Massachusetts Supreme Judicial Court
Two PETITIONS by owners of land in Haverhill for juries to assess damages sustained by the widening and straightening by the county commissioners of a highway over the same, The record of the county commissioners contained no mention of the petitioners in the first case, and this statement only with regard to the petitioner in the second e^se : “ Boston and Maine Railroad to be paid by the city In the first case, the petition for a jury was presented under the St. of 1870,…
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Two PETITIONS by owners of land in Haverhill for juries to assess damages sustained by the widening and straightening by the county commissioners of a highway over the same, The record of the county commissioners contained no mention of the petitioners in the first case, and this statement only with regard to the petitioner in the second e^se : “ Boston and Maine Railroad to be paid by the city In the first case, the petition for a jury was presented under the St. of 1870, c. 75, to the county commissioners, who thereupon issued a warrant for a sheriff’s jury, which was summoned accordingly,…
1Opinion of the CourtGray, C. J.
The only case which tends to support the respondent’s position is one decided in 1798, in which a writ of mandamus to the Court of Sessions to order a jury to assess damages sustained by the laying out of a highway over land of the petitioners, is said to have been denied by this court, “ principally because the petitioners did not state that they demanded damages before the committee that laid out the way, who gave them no damages at all; for, said the court, the application for a jury is very clearly in the nature of an appeal; and to be entitled to apply for a jury, the party must demand…
2Cited by2 opinions
- Brigham v. County of WorcesterMassachusetts Supreme Judicial Court · 1888
- White v. County of FranklinMassachusetts Supreme Judicial Court · 1931