JOSEPH DE VRIES & SONS, INC. v. COMMONWEALTH


339 Mass. 663 (1959)

162 N.E.2d 269

JOSEPH De VRIES & SONS, INC. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Worcester.

November 4, 1959.


Attorney(s) appearing for the Case

Thomas S. Carey, (Joseph S. Virostek with him,) for the petitioner.

William D. Quigley, Assistant Attorney General, for the Commonwealth.

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


WHITTEMORE, J.

The petitioner excepted to the exclusion of evidence of the amount of sand and gravel in its sand and gravel pit in Uxbridge, a part of which was taken by the Commonwealth in March, 1950, and of evidence of the amount of such material in the part of the land which was taken. The trial judge stated that the evidence was excluded on the ground that the petitioner was not entitled to the value of the gravel as merchandise, allowed testimony of the elevation...

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