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TOPPIN v. BUZZARDS BAY GAS CO.

348 Mass. 397 (1965)

204 N.E.2d 120

PERCY L. TOPPIN & another vs. BUZZARDS BAY GAS COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

January 29, 1965.

Attorney(s) appearing for the Case

Lawrence T. Perera (Paul J. Dolan with him) for the defendant.

Ely H. Chayet (Malcolm H. Flash with him) for the plaintiffs.

Present: SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

SPIEGEL, J.

The plaintiffs seek recovery in two counts1 for damage to their real and personal property resulting from an explosion of gas supplied by the defendant. The action was referred to an auditor whose findings of fact were not final. In his report, which contained subsidiary findings, he ultimately found that "the explosion was caused by gas which entered the [p]laintiffs' house by reason of a defective gas line ... which was under...

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