Williams v. City of Taunton
Massachusetts Supreme Judicial Court
Three petitions, under the St. of 1875, e. 217, to the Superior Court, for a jury to assess the damages occasioned by the taking of the petitioners’ lands, situated in Taunton, by the respondent, in supplying the city with pure water.
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Three petitions, under the St. of 1875, e. 217, to the Superior Court, for a jury to assess the damages occasioned by the taking of the petitioners’ lands, situated in Taunton, by the respondent, in supplying the city with pure water. The cases were tried together, before Brigham,, C. J., who allowed a bill of exceptions in substance as follows : It was admitted that the several petitioners were the owners of the lands, as set out in their several petitions ; that the petitioners had applied to the county commissioners for the county of Bristol for the assessment of their several damages; and…
1Opinion of the CourtLord, J.
1. Two of the petitioners were asked, in cross-examination, what became of the loam taken from their respective lands. The question was clearly immaterial, and therefore not subject to exception. The answer to it was, in law, immaterial ; if, in fact, it was liable to be understood by the jury as derogating from the damages sustained by the petitioners, they should have objected to the answer, or, at least, have requested a ruling upon its effect; but they did neither; and the presiding judge, in his general ruling upon the petitioners’ claim, excluded the idea that the value of the loam thus…
2Cited by14 opinions
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- People v. ThompsonMichigan Supreme Court · 1899
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