RESERVOIR MANOR CORP. v. LUMBERMENS MUTUAL CAS. CO.


334 Mass. 620 (1956)

137 N.E.2d 912

RESERVOIR MANOR CORP. vs. LUMBERMENS MUTUAL CASUALTY COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 7, 1956.


Attorney(s) appearing for the Case

John A. Daly, for the plaintiff, submitted a brief.

David H. Fulton, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


RONAN, J.

This is an appeal from an order sustaining the demurrer to the second and third counts of a declaration seeking to recover damages arising from the careless inspection and false statements concerning the inspection by the defendant of a steam boiler insured by the defendant. The first count in contract was waived.

The second count sounds in tort for negligence. It alleges that the plaintiff, the owner of an apartment house in Boston, purchased a...

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