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GAMER v. MILTON

346 Mass. 617 (1964)

195 N.E.2d 65

ALMA I. GAMER vs. TOWN OF MILTON & another (and a companion case).

Supreme Judicial Court of Massachusetts, Norfolk.

January 7, 1964.

Attorney(s) appearing for the Case

Robert W. Cornell for Marinucci Bros. & Co. Inc.

John J. Murray, Town Counsel, for the Town of Milton.

Manuel Katz for the plaintiffs.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

SPALDING, J.

These are two actions of tort for damage to real estate owned by the plaintiffs. The defendants are the town of Milton (town) and Marinucci Bros. & Co., Inc. (Marinucci).

The cases were referred to an auditor (findings of fact not final) and thereafter were tried to a judge. Both the auditor and the judge found for each plaintiff against each defendant. The case against Marinucci was tried solely on the auditor's report; the case against the...

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