Brush Hill Development, Inc. v. Commonwealth

This is a petition under G. L. c. 79, § 14, for the assessment of damages for the taking (by order recorded August 29, 1955, and entry on September 7, 1955) of land in Milton for State highway purposes. At an earlier trial, a verdict was set aside as inadequate. At the second trial there was a smaller verdict. The case is here on the petitioner’s exceptions to certain rulings on evidence at the second trial.

The Commonwealth took approximately 12.35 acres of a tract of about 13.26 acres owned by the petitioner. The land lies southwesterly of Route 128 near Houghton’s Pond, Milton, in an area…