FORD v. WORCESTER


339 Mass. 657 (1959)

162 N.E.2d 264

JOHN P. FORD & another vs. CITY OF WORCESTER.

Supreme Judicial Court of Massachusetts, Worcester.

November 4, 1959.


Attorney(s) appearing for the Case

Charles W. Proctor, for the petitioners.

Harry J. Meleski, City Solicitor, & Henry P. Grady, Assistant City Solicitor, for the respondent, submitted a brief.

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


CUTTER, J.

This is a petition under G.L.c. 79 to assess damages for the city's taking of 66.57 acres of a tract of land containing 71.79 acres, owned by the two petitioners, Mr. and Mrs. Ford. On the remaining 5.22 acres were the petitioners' house and barn, and certain outbuildings and poultry buildings. Ford had conducted a poultry farm on the premises from 1944 to 1948 when he had fifteen hundred laying hens. In 1949, and again in 1950, he was forced to sell his...

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