McSorley v. Town of Hancock

The question before us is whether the plaintiff is precluded from recovering damages from the town of Hancock (town) or the Commonwealth in this eminent do main action by reason of a prior judgment against the Commonwealth. We hold that he is not barred. 2

We relate the facts as found by the trial judge and as supplemented by undisputed evidence. The plaintiff is the owner of a dairy farm which was bisected by a taking by the Commonwealth in 1969 to build a relocation of Route 43 in Hancock. Dissatisfied by the award of the Commonwealth (see G. L. c. 79, § 6), the plaintiff brought an action…