Riley v. City of Lowell
This text of 117 Mass. 76 (Riley v. City of Lowell) 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.
Opinion
The St. of 1869, c. 351, § 7, provides that all •persons damaged in their property by any acts done in carrying into effect the powers granted to the city of Lowell by that statute for the purpose of supplying the city with water, shall have the same remedies as are provided in o. 43 of the Gen. Sts. for persons damaged by the laying out of highways. Such damages must therefore be estimated by the county commissioners in the first instance, and a trial by jury can only be had upon an application in the nature of an appeal from their decision. Gen. Sts. c. 43, §§ 14, 19. Worcester v. County Commissioners, 100 Mass. 103, 106. The St. of 1873, c. 261, allowing a trial by jury to be applied for and had in the Superior Court, instead of upon the warrant of the county commissioners and under the superintendence of the sheriff, does not dispense with the previous estimate of damages by the county commissioners as a necessary prerequisite to any application for a jury. In the present case, no such action of the county commissioners having been had, the Superior Court had no jurisdiction of the subject matter, and the objection might be taken at any stage of the proceedings.
Exceptions overruled.
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Cite This Page — Counsel Stack
117 Mass. 76, 1875 Mass. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-city-of-lowell-mass-1875.