Legal Opinion

White v. Boston & Providence Railroad

Massachusetts Supreme Judicial Court

Decided October 15, 1850PublishedCited by 19 opinions

This was a proceeding before a sheriff’s jury, to estimate the petitioner’s damages, occasioned by the construction of the respondents’ railroad.

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This was a proceeding before a sheriff’s jury, to estimate the petitioner’s damages, occasioned by the construction of the respondents’ railroad. The petitioner objected to the acceptance of the verdict and award in the court of common pleas, and moved that the same be set aside and a new trial granted, on the following grounds, which were the subject of exceptions at the hearing, and duly certified by the sheriff: — 1st. Because the sheriff allowed a copy of the estimate and report, made in the case by the county commissioners, and attested by their clerk, to be read in evidence by the…

1Opinion of the CourtFletcher, J.

The evidence was properly admitted. The order of the commissioners for specified things to be done was not vacated, and was properly submitted to the jury. If the objection had been only to the estimate of damages, that would have presented a different case. The rulings at the trial, as to the obligation of the railroad corporation to make such a way as was required by the commissioners, and as to the assessment of damages by the jury, were correct.

Verdict accepted and judgment for petitioner, and costs in this court for respondents.

2Cited by19 opinions

  1. White v. FosterMassachusetts Supreme Judicial Court · 1869
  2. Continental Insurance v. VanlueIndiana Supreme Court · 1891
  3. Siegel v. ShawMassachusetts Supreme Judicial Court · 1958
  4. Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
  5. Flynn v. BourneufMassachusetts Supreme Judicial Court · 1887

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