Viscardi v. Inhabitants of Great Barrington
Massachusetts Supreme Judicial Court
Appeal from a judgment of the Superior Court affirming a taxation of costs by the clerk in favor of the petitioner. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
The petitioner filed her petition with the selectmen for damages caused by raising the grade of a high*407way adjoining her land. The selectmen neglected to act upon the petition, and the petitioner thereupon applied for a jury under Pub. Sts. c. 52, § 16. The jury allowed her damages, and subsequently the clerk taxed costs in her favor. The respondent appealed to a justice of the Superior Court and then to this court. The only question argued is whether in such a case it can be said that “the damages are increased beyond the award ” within Pub. Sts. c. 49, § 105, inasmuch as the selectmen made…
2Cases cited2 opinions
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- Driscoll v. City of TauntonMassachusetts Supreme Judicial Court · 1894
3Cited by1 opinion
- Hafey v. CommonwealthMassachusetts Supreme Judicial Court · 1905