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McDONOUGH v. WHALEN

1 Mass. App. Ct. 573 (1973)

304 N.E.2d 199

ROBERT E. McDONOUGH, JR., & another vs. WILLIAM T. WHALEN (and a companion case).

Appeals Court of Massachusetts, Bristol.

December 4, 1973.

Attorney(s) appearing for the Case

Jarvis Hunt for William T. Whalen.

Henry G. Barrett (Stephen D. Clapp with him) for Roger G. Des Vergnes.

Donald J. Fleming for the plaintiffs.

Present: ROSE, GOODMAN, & ARMSTRONG, JJ.

ARMSTRONG, J.

These actions of tort, which were tried together to a jury, were brought by McDonough and his wife to recover damages resulting from the defective operation of a septic system on premises they had purchased in North Attleborough. There were two counts against the defendant Whalen for negligent design of the septic system; two against Whalen for negligent inspection and approval of the system in his capacity as agent of the North Attleborough board of...

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