Asiala v. City of Fitchburg

The plaintiff’s amended complaint sought recovery for damage to her real property by virtue of an alleged private nuisance committed by the defendant, the city of Fitchburg. After a trial in the Superior Court, a jury returned a verdict of $87,435 in favor of the plaintiff. On appeal, the defendant contends that the trial judge erred in denying its motions for a directed verdict and judgment notwithstanding the verdict, Mass.R.Civ.P. 50(a) and (b), 365 Mass. 814 (1974), and that the judge misinstructed the jury as to the law to be aplied. The defendant also claims that the judge erroneously…