Kidder v. Inhabitants of Oxford

• Decision Date: 23 October 1874
• Citation: 116 Mass. 165
• Parties: Cyrus Kidder v. Inhabitants of Oxford
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

116 Mass. 165

Cyrus Kidder v. Inhabitants of Oxford

Supreme Court of Massachusetts

October 23, 1874

Worcester. Petition under the Gen. Sts. c. 43, § 73, for a jury to assess the damages occasioned by the laying out of a private way in the defendant town, over land of the petitioner. The way was laid out on March 15, 1862, by the selectmen of Oxford, who awarded the petitioner $ 30 as damages. The petitioner in due time applied to the county commissioners for a jury to assess the damages. A jury was not summoned to try the issue until 1874, when on June 3, the case was tried before a sheriff's jury, who rendered a verdict: "That the complainant recover of the inhabitants of said Oxford the sum of $ 30 damage, and interest $ 21.90, as damages sustained as aforesaid amounting to $ 51.90."

This verdict was duly returned to June term, 1874, of the Superior Court. At the next term the petitioner moved that the verdict be accepted and recorded, and that he be allowed the "charges arising on his application," as well as costs in the county commissioners' court. The respondent objected to the allowance of the charges and costs, and further objected to the acceptance of the verdict on the ground that the petitioner was not entitled to the item of interest therein, and contended that the item of interest should be stricken out, and the verdict accepted for the balance. It was agreed that the jury were instructed by the officer presiding at the hearing to find the item of interest as a separate sum, for the sake of presenting the question of its allowance as damage clearly, and that this instruction was not excepted to.

Brigham C. J., ruled that the item of interest was improperly included in the verdict, and that the petitioner would not be entitled to costs if he were entitled to have the item of interest stand in the verdict, and ordered the item of interest to be stricken out, and the verdict to be accepted for the balance. The petitioner excepted to this ruling, and appealed from the order directing the item of interest to be stricken out.

Verdict accepted; petitioner to pay charges.

W. S. B. Hopkins, for the petitioner.

F. P. Goulding, for the respondent.

Gray, C. J. Colt & Morton, JJ., absent.

OPINION

Gray, C. J.

The jury were authorized by law to include in their assessment of damages an allowance for interest from the time when the land was taken. Edmands v. Boston, 108 Mass 535. ...