Wasserman v. City of Peabody

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 judge’s instructions were faulty. Then we make certain comments regarding the conduct of the new trial. Finally, we mention an error in the exclusion of evidence which can be readily corrected…