Legal Opinion
Miczek v. Commonwealth
Massachusetts Appeals Court
Decided February 12, 1992No. 90-P-748PublishedCited by 6 opinions
1Opinion of the CourtGreenberg, J.
After a jury assessed damages of $14,900 in an eminent domain action based on the taking of a temporary slope easement, the trial judge allowed the Commonwealth’s motion pursuant to Mass.R.Civ.P. 50(b), 365 Mass. 814 (1974), directed a verdict in part for the defendant, and ordered a remittitur of $9,000. 2 The question for decision is whether the reduction in damages was proper. We review the judge’s decision as matter of law and are free to reach our own conclusions. Kosak v. MacKechnie, 24 Mass. App. Ct. 20, 23 (1987). We affirm the judgment.
The case is before us on a statement of the…
2Cases cited14 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Wine v. CommonwealthMassachusetts Supreme Judicial Court · 1938
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- McRea v. Marion CountySupreme Court of Alabama · 1931
- Tassinari v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1964
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Town of Burlington v. Town of BedfordMassachusetts Supreme Judicial Court · 1994
- Portland Natural Gas Transmission System & Maritimes & Northeast Pipeline, L.L.C. v. 19.2 Acres of LandDistrict Court, D. Massachusetts · 2002
- Harte v. Town of DartmouthMassachusetts Appeals Court · 1998
- Paul's Lobster, Inc. v. CommonwealthMassachusetts Appeals Court · 2001
- Kiernan v. City of SalemMassachusetts Appeals Court · 2003
1 more not listed; retrieve them via the Exa API.