9 Mass. App. Ct. 884 | Mass. App. Ct. | 1980
The plaintiff has appealed from the final judgment entered at the conclusion of the further proceedings required by the rescript in Whaler Motor Inn, Inc. v. Parsons, 372 Mass. 620, 630 (1977). 1. No question was raised below that the approach to value employed by the defendants’ experts was speculative or otherwise impermissible as matter of law (contrast Maher v. Commonwealth, 291 Mass. 343, 348-349 [1935]; Tigar v. Mystic River Bridge Authy., 329 Mass. 514, 516, 518-519 [1952]; Boston Gas Co. v. Assessors of Boston, 334 Mass. 549, 578-579 [1956]); to the contrary, and as the plaintiff concedes in its brief, the defendants’ approach to value was recognized by both the plaintiff’s experts. The record lends no support for the contention that the judge thought he was compelled to accept the defendants’ approach to value or the testimony of their experts (contrast Piemonte v. New Boston Garden Corp., 377 Mass. 719, 731-733 [1979]), or for the contention that the judge failed to exercise his own independent judgment in determining the value of the defendants’ services. See Whaler Motor Inn, Inc. v. Parsons, 3 Mass. App. Ct. 662, 676 (1975), S.C., 372 Mass. 620 (1977). The mere fact that the judge found the value of those services to be only $15,000 less than the figure espoused by the defendants’ principal expert does not require the conclusion that the judge abdicated his responsibility for determining that value. Piemonte v. New Boston Garden Corp., 377 Mass, at 732, 733. Accordingly, the only question on this branch of the case is whether any of the judge’s critical findings of fact was “clearly erroneous” within the meaning of Mass.R. Civ.P. 52(a), 365
Judgment affirmed.