COUNIHAN, J.
This is an action of tort to recover for damage to a dwelling house and to personal property resulting from a fire alleged to have been caused by the negligence of the defendant. The declaration was in two counts, one in tort and one in contract. The count in contract was waived in open court and the count in tort went to the jury who found for the plaintiff. The action comes here upon an exception of the defendant to the denial of its motion for a directed...
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