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BETTY CORPORATION v. COMMONWEALTH

354 Mass. 312 (1968)

237 N.E.2d 26

BETTY CORPORATION & another vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 9, 1968.

Attorney(s) appearing for the Case

Charles Ingram, Special Assistant Attorney General, for the Commonwealth (William D.K. Crooks, Jr., for the Boston and Maine Railroad, & Cornelius T. Finnegan, Jr., City Solicitor, for the city of Lowell, with him).

Charles F. Barrett (Gordon L. Doerfer with him) for the petitioners.

Present: WILKINS, C.J., CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

This is a petition to determine the damages caused by a railroad grade crossing elimination. Betty Corporation (Betty) recovered a verdict against each respondent. After a trial which ran from May 12 to June 11, 1965, the jury assessed damages at $60,000. Motions for a new trial were denied on condition that Betty remit $25,000 of the verdict. Betty remitted the required amount. The case is here on an outline...

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