O'MALLEY v. R. ZOPPO CO. INC.


362 Mass. 568 (1972)

289 N.E.2d 890

CHARLES J. O'MALLEY vs. R. ZOPPO CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

November 8, 1972.


Attorney(s) appearing for the Case

James M. McDonough for the plaintiff.

Sheldon H. Ganz for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & KAPLAN, JJ.


KAPLAN, J.

In this action for trespass to land, conversion of loam, gravel, and fill, and, under G.L.c. 242, § 7, destruction of trees and underwood, the trial judge granted the defendant company's motion for a directed verdict, and the plaintiff took an exception. The record consists of a substitute bill of exceptions in which much of the testimony appears in condensed paraphrase.

The defendant company had a contract with the State and city to enclose...

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