Farwell v. City of Cambridge

Massachusetts Supreme Judicial Court

Farwell v. City of Cambridge

77 Mass. 413

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 413 (Farwell v. City of Cambridge) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farwell v. City of Cambridge, 77 Mass. 413 (Mass. 1858).

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Opinion

Metcalf, J.

The extent to which the benefit to the property of the petitioners, by the laying out of the highway, should be set off against the damage thereby sustained, was stated to the jury conformably to the decisions made in Meacham v. Fitchburg Railroad, 4 Cush. 291, and Upton v. South Reading Branch Railroad, 8 Cush. 600. And we cannot think that the particular words and illustrations afterwards used by the sheriff, which have been criticised in argument, could have misled the jury in their application of the doctrine of those decisions. The order of the court of common pleas rejecting the verdict is therefore reversed, and the Verdict accepted.

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Metcalf, J.

The extent to which the benefit to the property of the petitioners, by the laying out of the highway, should be set off against the damage thereby sustained, was stated to the jury conformably to the decisions made in Meacham v. Fitchburg Railroad, 4 Cush. 291, and Upton v. South Reading Branch Railroad, 8 Cush. 600. And we cannot think that the particular words and illustrations afterwards used by the sheriff, which have been criticised in argument, could have misled the jury in their application of the doctrine of those decisions. The order of the court of common pleas rejecting the verdict is therefore reversed, and the Verdict accepted.

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Bluebook (online)

77 Mass. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farwell-v-city-of-cambridge-mass-1858.