KELLY REALTY CO., INC. v. COMMONWEALTH


3 Mass. App. Ct. 54 (1975)

323 N.E.2d 350

KELLY REALTY COMPANY, INC. vs. COMMONWEALTH.

Appeals Court of Massachusetts, Berkshire.

February 7, 1975.


Attorney(s) appearing for the Case

Frederick M. Myers for the petitioner.

Paul A. Good, Assistant Attorney General, for the Commonwealth.

Present: ROSE, GRANT, & ARMSTRONG, JJ.


GRANT, J.

This petition under G.L.c. 79 for the assessment of the damages arising out of a taking by eminent domain is here on the petitioner's exceptions to the judge's refusal to allow two questions put by the petitioner during its cross-examination of the only expert witness called by the respondent. The questions were put and excluded in the following circumstances.

Counsel for the petitioner developed the facts that the witness was employed by the respondent...

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