RICUPERO v. SCHAIR'S FUEL SERVICE, INC.


1981 Mass. App. Div. 32 (1981)

Dennis C. Ricupero vs. Schair's Fuel Service, Inc.

Massachusetts Appellate Division, Northern District.

February 10, 1981.


Attorney(s) appearing for the Case

Richard S. Milesky for the plaintiff.

Louis Barsky for the defendant.

Present: Cowdrey, P.J., Feloney & Flynn, JJ.


Cowdrey, P.J.

This is an action in tort to recover for property damage allegedly caused by the defendant's negligence in delivering fuel oil.

At trial, there was evidence tending to show that on October 7, 1975, the plaintiff's wife detected an odor of oil and discovered two inches of oil on the basement floor of the plaintiff's residence. Sixty-eight gallons of oil had been delivered on this date by "Schair's Oil Company." No oil had been ordered by the plaintiff...

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