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COLANGELI v. CONSTRUCTION SERVICE CO.

353 Mass. 527 (1968)

233 N.E.2d 192

MADALENA COLANGELI vs. CONSTRUCTION SERVICE COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

January 9, 1968.

Attorney(s) appearing for the Case

Stephen N. Subrin (Thomas D. Burns with him) for the defendant.

Vincent J. Celeste for the plaintiff.

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

WHITTEMORE, J.

The plaintiff had verdicts under both counts of her declaration. The first count is for damage to the plaintiff's building at 157 Pearl Street in Malden by reason of the defendant's negligence in the construction and installation of a water main in Pearl Street. The second count is for negligence in the construction work in failing to shore up the excavation and install lateral supports. The counts are not stated to be for the same cause of action....

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