JOHN McCOURT CO. v. SINGARELLA


334 Mass. 436 (1956)

135 N.E.2d 912

JOHN McCOURT COMPANY vs. JOSEPH A. SINGARELLA.

Supreme Judicial Court of Massachusetts, Suffolk.

July 19, 1956.


Attorney(s) appearing for the Case

Robert Sullivan, (Bernard C. Welch with him,) for the plaintiff.

William I. Schell, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


RONAN, J.

This is an appeal by the plaintiff from an order of the Appellate Division of the Municipal Court of the City of Boston vacating a finding for the plaintiff made in the Municipal Court and ordering a finding to be entered for the defendant.

The defendant in the performance of his contract with the Metropolitan Transit Authority was required to excavate a portion of Boylston and Arlington streets in the...

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