Boston & Maine Railroad v. Montgomery
Massachusetts Supreme Judicial Court
Petition for a jury by a railroad corporation dissatisfied with the assessment by the county commissioners of damages to the respondents’ land, occasioned by the taking of a portion of it by the petitioner for a railroad.
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Petition for a jury by a railroad corporation dissatisfied with the assessment by the county commissioners of damages to the respondents’ land, occasioned by the taking of a portion of it by the petitioner for a railroad. Trial in the Superior Court, before Allen, J. who allowed a bill of exceptions in substance as follows: It appeared that the estate out of which the land was oaken bounded upon the Merrimack River, and was occupied as a farm, and that the land so taken and cut off was next to the river. A witness who was a farmer and had lived many years in the vicinity of this land, and had…
1Opinion of the Court
By the Court.
The bill of exceptions shows that the witness was allowed to estimate in money the value of the land taken, and leaves it at least doubtful whether he was not allowed to estimate in the same way the amount of the inconveniences resulting to a farmer from being deprived of access to the river — • so that the consequent diminution in value would be ascertained by deducting the one sum from the other, which could easily be done by the jury — and does not show that the owners of the land claimed damages by reason of being excluded from the river bank for any purposes as to which the…
2Cited by1 opinion
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