Discovering the trial court docket solely partially instructed a jury on a golf ball retrieval easement at difficulty, the Massachusetts Supreme Judicial Court docket put aside a $3.5 million verdict in favor of Boston-area householders who declare their property was broken by a whole bunch of stray golf balls.
On remand, the SJC ordered a brand new trial within the case of Tenczar v. Indian Pond Nation Membership. If the case is retried, the jury shall be requested to think about if the operation of the golf course’s fifteenth gap and the variety of errant photographs hitting the Tenczar dwelling was “affordable,” in keeping with the state high court’s order filed Dec. 20.