163 Mass. 164 | Mass. | 1895
The bill states four exceptions taken by the respondent at the trial of a petition for the assessment of damages by reason of the laying out and construction of Governor Avenue over land of the petitioner, including damage to his remaining land. The first and third exceptions have been waived.
The second exception was to the introduction of evidence that rock claimed to be suitable for quarrying, and situated on the petitioner’s other or remaining land adjacent to the avenue, had been very much shattered in constructing the road by the explosion of dynamite in large drill-holes sunk very deeply, as shown by marks in the faces of the rock. It was in evidence that the
The remaining exception was to the exclusion of a question asked by the respondent to a witness called by it to show that the stone in the petitioner’s quarry was of poor quality, and so difficult to be worked as to be of no value. He testified that, having