Crompton Carpet Co. v. City of Worcester

Under the St. of 1871, c. 361, authorizing the city of Worcester to supply itself with pure water, and providing in § 3 for the payment of damages by the city to persons injured thereby, and for the appointment by the Superior Court of three commissioners to assess the damages, an order of the Superior Court appointing such commissioners is interlocutory merely, and exceptions thereto cannot be entered in this court until after a final disposition of the case in the court below.

Petition under the St. of 1871, c. 361, § 3, for the appointment of commissioners to assess the damages sustained by the petitioner by the taking, by the city council of the city of Worcesser, of East or Lynde Brook, in the town of Leicester, to supply ."die city with pure water. In the Superior Court, before Colburn, J., the petitioner con* Tended that certain facts, put in evidence by the respondent, did ■tot constitute a defence to the granting of the petition. The judge so ruled, and ordered commissioners to be appointed; and "he respondent alleged exceptions.