Bangor & Piscataquis Railroad v. McComb
Supreme Judicial Court of Maine
On exceptions and motion. Petition for diminution of damages, allowed by the county commissioners for this county to the respondent, for land duly taken by the petitioners for the location of their railroad, and on appeal heard and tried before a sheriff’s jury, summoned and impanelled for that purpose on Jan. 23, 1872. It appeared that the jury proceeded with the officer, parties, and counsel to, and viewed the premises when the respondent put in his title deeds; that the…
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On exceptions and motion. Petition for diminution of damages, allowed by the county commissioners for this county to the respondent, for land duly taken by the petitioners for the location of their railroad, and on appeal heard and tried before a sheriff’s jury, summoned and impanelled for that purpose on Jan. 23, 1872. It appeared that the jury proceeded with the officer, parties, and counsel to, and viewed the premises when the respondent put in his title deeds; that the petitioners had taken one hundred and fifty-one and one-half rods of the respondent’s land, and that his entire premises,…
1Opinion of the CourtKent, J.
The questions presented for our determination in this case arise from exceptions to the rulings of the presiding officer, at a hearing before a sheriff’s jury, impanelled at the request of the petitioners. There is also a motion to set aside the verdict on the ground of excessive damages, and exceptions to the ruling of the judge of this court in refusing to hear certain testimony offered under that motion.
The first and principal question of law relates to the rule of damages given to the jury, touching the various aspects of the case. It is conceded that the respondent’s land was taken, to…
2Cases cited2 opinions
- Pierce v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1870
- Reed v. Hanover Branch RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Varner v. MartinWest Virginia Supreme Court · 1883
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- In re Department of Public ParksNew York Supreme Court · 1889
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