O'Malley v. R. Zoppo Co.

In this action for trespass to land, conversion of loam, gravel, and fill, and, under G. L. c. 242, § 7, destruction of trees and underwood, the trial judge granted the defendant company’s motion for a directed verdict, and the plaintiff took an exception. The record consists of a substitute bill of exceptions in which much of the testimony appears in condensed paraphrase.

The defendant company had a contract with the State and city to enclose a brook and construct drainage improvements in a strip running in part through the plaintiff’s land on which the Department of Public Works had taken an…