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THE SHANTIGAR FOUNDATION v. BEAR MOUNTAIN BUILDERS

441 Mass. 131 (2004)

THE SHANTIGAR FOUNDATION v. BEAR MOUNTAIN BUILDERS.

Supreme Judicial Court of Massachusetts, Franklin.

March 5, 2004.

Attorney(s) appearing for the Case

Anthony R. Zelle (John O'Brien with him) for The Shantigar Foundation.

Joseph T. Doyle, Jr. (Matthew W. Perkins with him) for Bear Mountain Builders.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, J.

The Shantigar Foundation appeals from a judgment of the Superior Court in favor of Bear Mountain Builders, after a jury found Shantigar sixty per cent negligent and Bear Mountain forty per cent negligent in the destruction by fire of a barn owned by Shantigar. Shantigar claims that the trial judge erroneously refused to permit the jury, when comparing liability pursuant to G. L. c. 231, § 85, to consider the...

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