Elwell v. Eastern Railroad
Massachusetts Supreme Judicial Court
Bill in equity against the Eastern Railroad Company and the trustees of the same, appointed under the St. of 1876, e. 236, setting forth the taMng of the plaintiff’s land by the railroad corporation in 1872, the assessment of his damages therefor in 1874, upon due proceedings had before the county commissioners, the subsequent- issuing of a warrant of distress in his behalf to compel the payment of such damages, and the non-payment of such warrant for thirty days thereafter.
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Bill in equity against the Eastern Railroad Company and the trustees of the same, appointed under the St. of 1876, e. 236, setting forth the taMng of the plaintiff’s land by the railroad corporation in 1872, the assessment of his damages therefor in 1874, upon due proceedings had before the county commissioners, the subsequent- issuing of a warrant of distress in his behalf to compel the payment of such damages, and the non-payment of such warrant for thirty days thereafter. The prayer of the bill was that the defendants might be enjoined from further entering on or using the land until such…
1Opinion of the CourtMorton, J.
The General Statutes provide that “ upon an award of damages by county commissioners or a jury against a corporation, on the petition of a person injured by the location and construction of its road, the commissioners, after the time to petition for a jury has expired, may issue warrants of distress to compel the payment of the damages, with costs and interest; and if the corporation for thirty days .... neglects to satisfy the same, all right and authority to enter upon or use such land or property, except for making surveys, shall be suspended until it pays such warrant.” And the Supreme…
2Cited by2 opinions
- Fall River Railroad v. ChaseMassachusetts Supreme Judicial Court · 1878
- Manchester & Keene Railroad v. KeeneSupreme Court of New Hampshire · 1882