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GARBINCIUS v. BOSTON EDISON CO.

Nos. 79-1365, 79-1376.

621 F.2d 1171 (1980)

Peter P. GARBINCIUS, Administrator of the Estate of Paul C. Garbincius, Plaintiff-Appellee, v. BOSTON EDISON COMPANY, Defendant-Appellant-Appellee, and Charles Contracting Co., Inc., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided May 28, 1980.

Attorney(s) appearing for the Case

Cynthia J. Cohen, Cambridge, Mass., with whom Philander S. Ratzkoff, Charles W. O'Brien, Ellen S. Cooper, and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for Charles Contracting Company, Inc.

Thomas D. Burns, Boston, Mass., with whom Lawrence B. Wernick, and Burns & Levinson, Boston, Mass., were on brief, for Boston Edison Company.

David A. Barry, Boston, Mass., with whom Anthony M. Doniger, Natasha C. Lisman, and Sugarman, Rogers, Barshak & Cohen, Boston, Mass., were on brief, for Peter P. Garbincius, et al.

Before ALDRICH and BOWNES, Circuit Judges, PETTINE, District Judge.

BOWNES, Circuit Judge.

This diversity wrongful death action arises as a result of an accident in which Paul C. Garbincius, plaintiff's intestate, drove his automobile into an excavation on Commonwealth Avenue in Boston, dug by defendant-appellant, Charles Contracting Co., Inc. (Charles), pursuant to a contract with defendant-appellant, Boston Edison Company (Edison). The jury answered nine questions, finding that both defendants were negligent, that the culpability...

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