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SEARS, ROEBUCK & COMPANY v. PENN CENTRAL COMPANY

No. 7405.

420 F.2d 560 (1970)

SEARS, ROEBUCK & COMPANY et al., Plaintiffs, Appellees, v. PENN CENTRAL COMPANY, Defendant, Appellant.

United States Court of Appeals First Circuit.

Decided January 12, 1970.

Attorney(s) appearing for the Case

Timothy H. Donohue, Boston, Mass., with whom O. S. Sughrue, Jr., and Sherburne, Powers & Needham, Boston, Mass., were on brief, for defendant-appellant.

Thomas B. Arnold, Boston, Mass., with whom Michael T. Prendergast, Edwin R. Trafton and Epstein, Salloway & Kaplan, Boston, Mass., were on brief, for plaintiffs-appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

On June 23, 1965, the defendant railroad's warehouse in Allston, Massachusetts, was destroyed by fire. Plaintiffs allege, inter alia, that the fire was caused by defendant's negligence and bring this action to recover for the loss of their property at the warehouse at the time of the fire.1 The jury returned verdicts for the plaintiffs.

The warehouse, which was built in 1961, was about 450 feet long, 60...

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