HOLBROOK v. MASSACHUSETTS TURNPIKE AUTHORITY


338 Mass. 218 (1958)

154 N.E.2d 605

DONALD B. HOLBROOK vs. MASSACHUSETTS TURNPIKE AUTHORITY.

Supreme Judicial Court of Massachusetts, Hampden.

December 8, 1958.


Attorney(s) appearing for the Case

James W. Duffy & Emerson S. Searle, for the petitioner, submitted a brief.

John F. Moriarty, (John S. Begley & Charles M. Healey, III, with him,) for the respondent.

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


WILKINS, C.J.

This petition for the assessment of damages, brought pursuant to G.L. (Ter. Ed.) c. 79, has been reported upon questions of law following a verdict for the petitioner. G.L. (Ter. Ed.) c. 231, § 111.

Prior to June 6, 1955, the petitioner was the owner of a tract of land in Palmer containing about thirteen acres developed as a recreation area. There were a club house and a bath house. A dam and dike had been erected to impound waters of a...

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