WASSERMAN v. PEABODY


20 Mass. App. Ct. 781 (1985)

482 N.E.2d 1193

ISADORE WASSERMAN & another, trustees, vs. CITY OF PEABODY.

Appeals Court of Massachusetts, Essex.

September 19, 1985.


Attorney(s) appearing for the Case

David S. Tobin for the defendant.

Dana C. Hanson (Edward I. Masterman with her) for the plaintiffs.

Present: ARMSTRONG, KAPLAN, & SMITH, JJ.


KAPLAN, J.

In this action by the plaintiffs, as trustees of Peabody Estates Realty Trust, to recover compensation for a taking in condemnation by the defendant city of Peabody, judgment entered upon the verdict of a jury in favor of the plaintiffs for $170,000. We reverse, the action to stand for a new trial. After stating the basic facts, we describe the course of the trial below and show that on that footing the...

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