Riley v. City of Lowell
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages alleged to be done by the respondent in the construction o* its water works. No evidence was introduced at the hearing other than as appeared on the face of the papers in the case; but it was admitted that there had been no estimate of the petitioner’s damages made by the county commissioners.
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Petition to the Superior Court for a jury to assess the damages alleged to be done by the respondent in the construction o* its water works. No evidence was introduced at the hearing other than as appeared on the face of the papers in the case; but it was admitted that there had been no estimate of the petitioner’s damages made by the county commissioners. Upon the reading of the papers, the respondent moved to dismiss the action, on the ground that the case in the first instance had not been brought before the county commissioners for an estimate of the damages of the petitioner. On this…
1Opinion of the CourtGray, C. J.
The St. of 1869, c. 351, § 7, provides that all •persons damaged in their property by any acts done in carrying into effect the powers granted to the city of Lowell by that statute for the purpose of supplying the city with water, shall have the same remedies as are provided in o. 43 of the Gen. Sts. for persons damaged by the laying out of highways. Such damages must therefore be estimated by the county commissioners in the first instance, and a trial by jury can only be had upon an application in the nature of an appeal from their decision. Gen. Sts. c. 43, §§ 14, 19. Worcester v. County…
2Cases cited1 opinion
- City of Worcester v. County CommissionersMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Dunbar v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1902
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Corcoran v. HigginsMassachusetts Supreme Judicial Court · 1907
- Nelson v. LaddSouth Dakota Supreme Court · 1893
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