Legal Opinion

Bigelow v. Cambridge & Concord Turnpike Corp.

Massachusetts Supreme Judicial Court

Decided October 15, 1810PublishedCited by 9 opinions

This was an action of debt, in which the plaintiff declared on a judgment of the Court of General Sessions of the Peace for this county, rendered February, 1806, for the sum of 1348 dollars damages, in his favor, and against the said corporation.

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This was an action of debt, in which the plaintiff declared on a judgment of the Court of General Sessions of the Peace for this county, rendered February, 1806, for the sum of 1348 dollars damages, in his favor, and against the said corporation. The record upon which the action was founded, recites a petition presented to the Sessions in behalf of the corporation, grounded on an act of the legislature giving liberty to the corporation to extend their road, and providing that where the lands, over which the said road is located cannot be obtained by agreement, a committee maybe appointed on…

1Opinion of the Court

By the Court.

Whenever a statute gives a right to recover damages, reduced, pursuant to the provisions of such statute, to a sum certain, an action of debt lies, if no other specific remedy is provided.

Let judgment be entered for the plaintiff for the amount agreed by the parties.

2Cited by9 opinions

  1. Blackburn v. BakerSupreme Court of Alabama · 1838
  2. Ferrett v. AtwillU.S. Circuit Court for the District of Southern New York · 1846
  3. Town of Lebanon v. OlcottSuperior Court of New Hampshire · 1818
  4. City of Camden v. AllenSupreme Court of New Jersey · 1857
  5. Corwith v. Village of Hyde ParkAppellate Court of Illinois · 1884

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