ROBERT WILLIAMS, INC. v. FERRIS


355 Mass. 288 (1969)

244 N.E.2d 736

ROBERT WILLIAMS, INC. vs. JAMES FERRIS & others, trustees (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

February 4, 1969.


Attorney(s) appearing for the Case

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

Stanley H. Rudman for the plaintiffs.

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


WHITTEMORE, J.

The plaintiffs in two actions of tort had verdicts on counts against the defendants as trustees of Buy-Rite Realty Trust for water damage to property caused by the bursting of an eight-inch water pipe in the city of Lawrence on March 7, 1963. An auditor, whose findings were not final, found that the pipe was in the exclusive control of the defendants and that the plaintiffs sustained damage as a result of the defendants' negligent failure to protect...

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