Wyman v. Lexington & West Cambridge Rail Road
Massachusetts Supreme Judicial Court
This was a proceeding upon a petition for a jury to assess damages sustained by the petitioner by the laying out of the respondents’ rail road over her land in the town of West Cambridge.
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This was a proceeding upon a petition for a jury to assess damages sustained by the petitioner by the laying out of the respondents’ rail road over her land in the town of West Cambridge. The petition was presented to the county commissioners in September 1846, and they issued a warrant, directed “ to any deputy sheriff of our county of Middlesex, Samuel Chandler, Esq. sheriff of said county, being interested,” to summon a jury, agreeably to law, to estimate the petitioner’s damages. A deputy sheriff thereupon proceeded to execute the warrant, by causing jurors to be drawn by the proper…
1Opinion of the CourtDewey, J.
It has become necessary, in the decision of this- and other cases before us, arising upon proceedings in relation; to claims for damages for injuries sustained by the location of' rail roads, to decide as to the construction of the statute of the Commonwealth regulating the proceedings upon a petition for a jury to assess such damages. The right to a jury in such cases is given to either party who may be dissatisfied with the estimate made by the county commissioners, by the Rev. Sts. c. 39, § 57, wherein it is provided that, upon such petition being presented, “ the like proceedings shall be…
2Cited by1 opinion
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