WENTON v. COMMONWEALTH


335 Mass. 78 (1956)

138 N.E.2d 609

WALTER J. WENTON & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Worcester.

November 30, 1956.


Attorney(s) appearing for the Case

George Fingold, Attorney General, & Vincent J. Celia, Assistant Attorney General, for the Commonwealth, submitted a brief.

Willard I. Shattuck, Jr., for the petitioners.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

This is a petition to assess damages alleged to have resulted to the petitioners' land in Fitchburg from the laying out on July 14, 1953, of Route 2, a State highway, as a limited access highway.

The Commonwealth excepted to the denial of its motion to direct a verdict, to the giving and the denial of certain requests for instructions, and to the admission of and refusal to strike evidence.

Prior to a taking for State highway purposes...

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