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PIONTEK v. JOSEPH PERRY, INC.

342 Mass. 342 (1961)

173 N.E.2d 292

JEAN PIONTEK vs. JOSEPH PERRY, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 31, 1961.

Attorney(s) appearing for the Case

Sturtevant Burr,(James B. Winward with him,) for the defendant.

Samuel Leader, for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

There was a finding for the plaintiff in this action of tort tried to a judge in the Superior Court without a jury. The evidence showed that in August, 1957, the plaintiff's house on Rice Avenue, Revere, vibrated and developed cracks at times when the defendant, in order to demolish a cement patio across the street from the house, and to break up certain boulders, by means of a derrick and clam shell bucket...

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