Maher Et Al. v. Commonwealth. Commonwealth

RUGG, Chief Justice. These two cases are designed to raise in different forms of proceeding the same questions of law as to rulings made by a board of referees appointed by the Supreme Judicial Court pursuant to St. 1927, c. 321, 5. That act makes additional provision for the water supply of the metropolitan district by the development of the Swift River. The provisions of that act here material are that an owner of land to be taken for that public enterprise may file a sworn statement with the metropolitan district water supply commission, hereafter called the commission, setting forth the facts on which his claim for damages is based and the amount of such claim. Thereafter the Supreme Judicial Court, upon application by the commission or any other person in interest, may appoint from time to time as the need may exist one or more boards of three referees for determination of the damages. The referees are required to establish their rules of procedure subject to the approval of the court. The referees, upon reference of any claim under section 5 of the act, shall after hearing determine the amount of damages suffered and shall certify their findings to the commission; which findings shall be conclusive upon all parties except that any party in interest aggrieved by a ruling of the referees on a question of law may object thereto and the supreme judicial court shall have power to review and modify any finding to the extent that it may be an error in that respect, but not otherwise.