Snow v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On exceptions. This was an appeal from the decision of the county commissioners relating to damages for land of Snow, taken for railroad purposes in North Berwick, brought to this court in accordance with Public Laws of 1873, c. 95. At the trial the plaintiff moved that the jury be permitted to view the premises, which motion the court denied.
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On exceptions. This was an appeal from the decision of the county commissioners relating to damages for land of Snow, taken for railroad purposes in North Berwick, brought to this court in accordance with Public Laws of 1873, c. 95. At the trial the plaintiff moved that the jury be permitted to view the premises, which motion the court denied. The court excluded the opinion of the land owner as to the amount of damages sustained by him; allowed him to testify as to his opinion of the value of his whole lot before a portion was taken by the railroad, but excluded his opinion of the value of…
1Opinion of the CourtDanforth, J.
This is an appeal under the act of 1873, c. 95, relating to damages for land taken for railroad purposes, and comes before us upon exceptions to the ruling of the court at nisi prius.
*231The first objection is that the jury were not permitted to view the premises upon plaintiff’s motion.
The act referred to is independent of and distinct from that found in R. S., c. 18, § 13. The appellant had his election to pursue his remedy under either, and he chose the former. By that no provision is made for a view by the jury, and if one is permissible, it rests in the discretion of the court to grant or…
2Cases cited1 opinion
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- Yost v. ConroyIndiana Supreme Court · 1883
- Greenberg v. City of WaterburySupreme Court of Connecticut · 1933
- Shikany v. Salt Creek Transp. Co.Wyoming Supreme Court · 1935
- Seattle & Montana Railway Co. v. GilchristWashington Supreme Court · 1892
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