Massachusetts Supreme Judicial Court, 1858

Farwell v. City of Cambridge

Farwell v. City of Cambridge
Massachusetts Supreme Judicial Court · Decided October 15, 1858 · Metcalf
77 Mass. 413

Farwell v. City of Cambridge

Opinion of the Court

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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