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Riley v. City of Lowell

Peter Riley v. City of Lowell

Riley v. City of Lowell, 117 Mass. 76 (1875)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
January 13, 1875
Judges
Gray
Citations
117 Mass. 761875 Mass. LEXIS 156
Cited by 10
Headnotes
Under the St. of 1869, c. 351, § 7, providing that all persons damaged by the exercise of the powers thereby conferred on the city of Lowell to supply itself with water “shall have the same remedies as are provided by the Gen. Sts. c. 43 for persons damaged by the laying out of highways,” a person claiming damages for acts done by the city under the statute should first proceed hy petition to the county commissioners to assess his damages, notwithstanding the St. of 1873, c. 261, allowing a trial by jury to be applied for and had in the Superior Court; and in case he begins by petition to the Superior Court, the objection to its jurisdiction may be taken at any stage of the proceedings.
Summary
Petition to the Superior Court for a jury to assess the damages alleged to be done by the respondent in the construction o* its water works. No evidence was introduced at the hearing other than as appeared on the face of the papers in the case; but it was admitted that there had been no estimate of the petitioner’s damages made by the county commissioners. Upon the reading of the papers, the respondent moved to dismiss the action, on the ground that the case in the first instance had not been brought before the county commissioners for an estimate of the damages of the petitioner. On this motion the judge dismissed the petition, and the petitioner alleged exceptions.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gray

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Gray, C. J.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1882–1883: 21888–1889: 11892–1893: 11894–1895: 11898–1899: 11900–1901: 11902–1903: 11906–1907: 11930–1931: 118822026peak 1882 · 2

Relies on it most ⓘ

  1. Patch v. City of Boston14 N.E. 770 (Mass. 1888)
  2. Dunbar v. Boston & Providence Railroad63 N.E. 916 (Mass. 1902)
  3. Santom v. Ballard133 Mass. 464 (1882)
  4. Corcoran v. Higgins80 N.E. 231 (Mass. 1907)
  5. Nelson v. Ladd54 N.W. 809 (S.D. 1893)
  6. Danforth v. Groton Water Co.57 N.E. 351 (Mass. 1900)

Most recent

  1. White v. County of Franklin175 N.E. 92 (Mass. 1931)
  2. Corcoran v. Higgins80 N.E. 231 (Mass. 1907)
  3. Dunbar v. Boston & Providence Railroad63 N.E. 916 (Mass. 1902)
  4. Danforth v. Groton Water Co.57 N.E. 351 (Mass. 1900)
  5. McDermott v. Warren, Brookfield, & Spencer Street Railway Co.172 Mass. 197 (1898)
  6. Grimshaw v. City of Fall River36 N.E. 494 (Mass. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
City of Worcester v. Cnty. Comm'rs, 100 Mass. 103 (1868) 10

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