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PASSANESSI v. C.J. MANEY CO. INC.

340 Mass. 599 (1960)

165 N.E.2d 590

FRANK D. PASSANESSI vs. C.J. MANEY CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 24, 1960.

Attorney(s) appearing for the Case

Arthur M. Gilman, for the defendant.

Edward U. Lee, for the plaintiff.

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

SPALDING, J.

In this action of tort the plaintiff seeks to recover for damage to his property by reason of a broken water main alleged to have been caused by the defendant's negligence in installing a culvert. The case was referred to an auditor under the usual rule and he found for the plaintiff. Thereafter the case was tried to a jury on the auditor's report and other evidence, and the jury returned a verdict for the plaintiff. The case comes here on the defendant...

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