MEDFORD HOUSING AUTHORITY v. MARINUCCI BROS. & CO. INC


354 Mass. 699 (1968)

241 N.E.2d 834

MEDFORD HOUSING AUTHORITY vs. MARINUCCI BROS. & CO. INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex, Suffolk.

November 15, 1968.


Attorney(s) appearing for the Case

Peter D. Cole for the defendant.

Lawrence J. Fitzgerald, for Medford Housing Authority, submitted a brief.

No argument or brief for Louis Sacco.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

The plaintiffs in separate actions of tort had verdicts against the defendant for damage to the paint on structures separately owned by them caused by hydrogen sulphide gas released into the air in the course of dredging operations in the Mystic River carried on by the defendant in 1961 under contract with the Commonwealth.

The cases were tried together. The plaintiffs rested their cases on the reports of an auditor.

1. Findings that...

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