BURCHELL v. COMMONWEALTH


350 Mass. 488 (1966)

215 N.E.2d 649

DAVID M. BURCHELL & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Essex.

April 1, 1966.


Attorney(s) appearing for the Case

Edward W. Brooke, Attorney General, & Alfred L. Podolski, Special Assistant Attorney General, for the Commonwealth, submitted a brief.

No argument or brief for the petitioners.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


WILKINS, C.J.

The petitioners, husband and wife, bring this petition for the assessment of damages because of a partial taking for highway construction on December 27, 1960, of about five acres of a parcel of their land in Haverhill containing about sixteen and one-half acres. The jury returned a verdict of $2,500 for the petitioners. The Commonwealth's exceptions are to the admission of evidence.

1. The male petitioner (hereinafter called the petitioner)...

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