Wakefield v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On exceptions. Hearing upon a motion, filed by the petitioner, to set aside the verdict of a sheriff’s jury, assessing the damages done to the petitioner’s land by the location over it of the respondents’ railroad.
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On exceptions. Hearing upon a motion, filed by the petitioner, to set aside the verdict of a sheriff’s jury, assessing the damages done to the petitioner’s land by the location over it of the respondents’ railroad. The ground of the motion was that the person appointed to preside at the hearing instructed the jury that, in making a view of the premises damaged, they had no right to go outside of the exterior limits of the railroad location, nor to go upon the remaining parts of the tract of land, through which* said location runs; and, at that view, the jury were prevented.by the presiding…
1Opinion of the CourtDickerson, J.
This case is presented on a motion to set aside the verdict of a sheriff’s jury on the ground that the presiding officer prevented the jurors from going upon the parts of the premises which were outside the railroad location, and from viewing such parts thereof as could not be seen from said location. The justice presiding found that the jurors were thus prevented, but .ordered the verdict to be confirmed, in order to present the ques*387tions in the case, and that further evidence be taken, and a plan of the premises submitted to the law court. To this order the petitioners excepted.
In such…
2Cited by4 opinions
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- Portland v. PostillOregon Supreme Court · 1927
- Farrington v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1963
- Hendricks v. GilchristIndiana Supreme Court · 1881