FRANK v. DUNNING


338 Mass. 298 (1959)

154 N.E.2d 904

DAVID FRANK, administrator, vs. ALEXANDER C. DUNNING.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1959.


Attorney(s) appearing for the Case

Salvatore F. Stramondo, for the defendant.

Ralph F. Martino, for the plaintiff.

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


RONAN, J.

This is an action of tort by the plaintiff to recover for the conscious suffering and death of the intestate, his wife, which resulted from the escape of gas from a gas refrigerator in an apartment other than the one occupied by the plaintiff and his family in the defendant's apartment house. The case was referred to an auditor and was heard by a judge without a jury on the auditor's reports together with the oral...

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