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HAAS v. BRETON

377 Mass. 591 (1979)

387 N.E.2d 138

CARL J. HAAS & another vs. LEO R. BRETON & others.

Supreme Judicial Court of Massachusetts, Hampden.

March 23, 1979.

Attorney(s) appearing for the Case

Timothy H. Howes for Leo Breton.

Richard A. Gross, Assistant Attorney General, for the Attorney General, intervener.

Burton S. Resnic for the plaintiffs.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS & LIACOS, JJ.

QUIRICO, J.

This is a civil action brought in the Housing Court of the County of Hampden to recover damages from the defendant Leo R. Breton for his negligence in damaging the plaintiffs' septic tank system and in repairing it improperly. As against Breton, the judge awarded monetary damages and attorney's fees. We conclude that the Housing Court lacked subject matter jurisdiction and we reverse.

The complaint alleged...

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