MUSOLINO LoCONTE CO. v. BOSTON CONSOLIDATED GAS CO.


330 Mass. 161 (1953)

112 N.E.2d 250

MUSOLINO LoCONTE COMPANY vs. BOSTON CONSOLIDATED GAS COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 29, 1953.


Attorney(s) appearing for the Case

Charles M. Ewing, for the plaintiff.

Robert W. Cornell, for the defendant.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

The object of this action of tort is to recover for damage resulting when a quantity of macaroni in process of manufacture by the plaintiff became chilled because of the opening of windows made necessary by the escape of gas from the defendant's street main into the plaintiff's premises on Commercial Street in Boston.

The trial judge directed a verdict for the defendant upon the opening by counsel for the plaintiff.

The material facts stated...

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