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STOCKWELL v. EAST LONGMEADOW

347 Mass. 693 (1964)

199 N.E.2d 923

MARSHALL F. STOCKWELL & another vs. TOWN OF EAST LONGMEADOW (and two companion cases).

Supreme Judicial Court of Massachusetts, Hampden.

June 25, 1964.

Attorney(s) appearing for the Case

Joseph R. Jennings, Town Counsel, for the defendant.

John H. Madden, Jr., for the plaintiffs.

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

CUTTER, J.

These are three actions of tort to recover damages for injury to the foundations of the plaintiffs' houses alleged to have been caused by the town's negligent delay in locating, shutting off, and repairing a leak in a town water main. At a first trial, the town had a verdict in each case. Upon a motion filed by each plaintiff for a new trial, the trial judge indorsed, "June 3, 1960, heard and allowed." Counsel...

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