362 Mass. 568 | Mass. | 1972
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 easement. Excavation and laying of pipes pursuant to the contract occurred during the first half of July, 1966. There was evidence that the depredations complained of — chiefly the removal of a quantity of loam and gravel stockpiled on the plaintiff’s land and the cut
We are to recall, as recently stated in Calderone v. Wright, 360 Mass. 174, quoting from Howes v. Kelman, 326 Mass. 696, 697, that “[t]he question presented by the motion [for a directed verdict] was not the weight of the evidence but whether there was any evidence viewed in
Exceptions sustained.