Leonardi v. City of Peabody
| Decision Date | 30 December 1966 |
| Citation | 351 Mass. 706,222 N.E.2d 686 |
| Parties | Emma J. LEONARDI et al. 1 v. CITY OF PEABODY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Edward J. Davis, Boston, for intervening petitioner.
No argument or brief for respondent.
Before WILKINS, C.J., and SPALDING, CUTTER, KIRK and REARDON, JJ.
RESCRIPT.
Two exceptions are before us following the trial of a petition for the assessment of damages for the taking of land by the city. The first relates to the denial of the petitioners' motion, made at the close of the evidence, that the entire testimony of the city's only qualified witness, who had testified without objection earlier in the trial, be struck from the record. That a party is not as of right entitled to have such a motion allowed has been discussed and decided with full citation of cases in Crowley v. Swanson, 283 Mass. 82, 85, 186 N.E. 46; Cummings v. National Shawmut Bank, 284 Mass. 563, 566--568, 188 N.E. 489 and Solomon v. Dabrowski, 295 Mass. 358, 359--360, 3 N.E.2d 744, 106 A.L.R. 464. The other exception is to the denial of the motion for a new trial. The considerations which govern the disposition of a motion for a new trial were stated at length in Bartley v. Phillips, 317 Mass. 35, 40--44, 57 N.E.2d 26, and have been so frequently confirmed and applied by us as not to require repetition. Haven v. Town of Brimfield, 345 Mass. 529, 533--534, 188 N.E.2d 574. There was no error.
Exceptions overruled.
1 Jean V. Fornari and Patricia B. Nazzaro. Also All Concessions, Inc., intervening petitioner.
To continue reading
Request your trial
-
Gishen v. Dura Corp.
...S.J.C. Rule 2:43, 351 Mass. 767. Clark-Rice Corp. v. Waltham Bleachery & Dye Works, 267 Mass. 402, 411, 166 N.E. 867; Leonardi v. Peabody, 351 Mass. 706, 222 N.E.2d 686, and cases cited; GRANT V. GOLDEN, MASS., 274 N.E.2D 453.A We do not pass on Gishen's contentions that Dura's reason for r......
-
Correia v. New Bedford Redevelopment Authority
...at the close of the plaintiff's evidence. Solomon v. Dabrowski, 295 Mass. 358, 359--360, 3 N.E.2d 774 (1936). Leonardi v. Peabody, 351 Mass. 706, 222 N.E.2d 686 (1966). 3. The defendant also objected to the testimony of the plaintiff-owner as to the fair market value of the property at the ......
-
Betty Corp. v. Com.
...been admitted without objection or exception. See Cummings v. National Shawmut Bank, 284 Mass. 563, 568, 188 N.E. 489; Leonardi v. Peabody, 351 Mass. 706, 222 N.E.2d 686. See also analogy of Costonis v. Medford Housing Authy., 343 Mass. 108, 116, 176 N.E.2d 25. Cf. Gazianis v. Clinton, 350 ......
-
Loschi v. Massachusetts Port Authority
...upheld such rulings of trial judges in eminent domain cases. Haven v. Brimfield, 345 Mass. 529, 188 N.E.2d 574; Leonardi v. Peabody, 351 Mass. 706, 222 N.E.2d 686; Jarvinen v. Commonwealth, 353 Mass. 339, 231 N.E.2d 366. We recently held that there was no abuse of discretion in a trial judg......