McLAUGHLIN v. BERNSTEIN


356 Mass. 219 (1969)

249 N.E.2d 17

MARGARET M. McLAUGHLIN vs. ROBERT BERNSTEIN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1969.


Attorney(s) appearing for the Case

Edward J. Barshak for Ashmont Supply Co., Inc.

Leo Sontag for Bernstein.

James D. Casey (Edward S. Ronan with him) for the plaintiff.

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


KIRK, J.

In this action of tort or contract for property damage the plaintiff was awarded damages against the defendant Robert Bernstein under count 1 (tort) and count 4 (contract) and against the defendant Ashmont Supply Co., Inc. (Ashmont) under count 3 (tort). On each count the verdict was the same amount. In substance all counts are for negligence. The case is before us on the defendants' exceptions to the denial of their motions for directed verdicts and to rulings...

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