361 Mass. 864 | Mass. | 1972
This is a petition for the assessment of damages arising out of a taking by the Commonwealth of land owned by Lee. The case was tried before a jury in the Superior Court and a verdict was returned for Lee. The case is before us on the Commonwealth’s bill of exceptions which is concerned solely with several rulings on evidence by the judge. Four of the rulings have been argued before us by the Commonwealth. We treat the issues not argued as waived. There was no error in the judge’s rulings. The judge excluded, over the Commonwealth’s objection and exception, certain documents which showed restrictive agreements which encumbered the land. These restrictions may fairly be summarized as providing that if Star Market Co. were the buyer, the land would be free of restrictions; if an outsider offered to buy the
Exceptions overruled.