FITCHBURG GAS & ELECTRIC LIGHT v. SAMUEL EVANS CONST.


338 Mass. 752 (1959)

157 N.E.2d 529

FITCHBURG GAS AND ELECTRIC LIGHT COMPANY vs. SAMUEL EVANS CONSTRUCTION CO., INC.

Supreme Judicial Court of Massachusetts, Middlesex.

April 2, 1959.


Attorney(s) appearing for the Case

Daniel J. Dempsey, for the defendant.

Finley H. Perry, for the plaintiff.

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


SPALDING, J.

In this action of tort, which was tried to a judge of the Superior Court, there was evidence of the following: A new electric transformer (weighing about eight tons), which the plaintiff had purchased, had arrived on a flat car at a railroad siding in Fitchburg. One Sawyer, an electrical engineer employed by the plaintiff, made arrangements through one Logan, a consulting engineer, to have the defendant unload...

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