Kane v. Town of Hudson

In this action the plaintiffs seek damages for diminution in the value of their sand and gravel operation in Hudson caused by the town’s construction of a well and by its taking of 7.13 acres of the plaintiffs’ land to protect the purity of the well. In a previous trial before a judge sitting without a jury, see G. L. c. 79, § 22, as amended by St. 1973, c. 983, § 1, the plaintiffs recovered $71,300, or $10,000 per acre, and the town demanded a trial de novo before a jury. The jury awarded the plaintiffs a total of $8,556. The plaintiffs moved for a new trial, and the judge ruled that he…