Smith v. Department of Public Works

This is a petition filed in the superior court pursuant to G. L. 1956, §37-6-18, for an assessment of damages by a jury for the taking by the respondent of the petitioner’s property for a public use. The record discloses that the petitioner endorsed her claim for jury trial on the petition following the affidavit of notice and that on September 27, 1966, the case by stipulation was assigned for hearing to the jury trial calendar. Subsequently, on December 15, 1966, the case was reached for trial, and the petitioner moved to be allowed to waive trial by jury. This motion was granted over the…