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KINNEY v. COMMONWEALTH

332 Mass. 568 (1955)

126 N.E.2d 365

CAREY T. KINNEY & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Berkshire.

April 29, 1955.

Attorney(s) appearing for the Case

Frederick M. Myers, for the petitioners.

George Fingold, Attorney General, & Max Rosenblatt, Assistant Attorney General, for the Commonwealth, submitted a brief.

Present: QUA, C.J., RONAN, WILKINS, & COUNIHAN, JJ.

COUNIHAN, J.

The petitioners are husband and wife. They bring this petition under G.L. (Ter. Ed.) c. 79, §§ 121 and 14 (compare G.L. [Ter. Ed.] c. 81, § 7C), to recover damages for a taking of a parcel of land in Stockbridge by the Commonwealth, by eminent domain, for "an express highway." The taking was made on May 7, 1952. The petition was tried to a judge and jury who returned a verdict for the petitioners in an amount...

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