New York Life Insurance v. Boston Consolidated Gas Co.

This is an action of tort in which the plaintiff seeks to recover for damage by fire to its apartment building caused by the negligence of the defendant. No *44question of evidence or pleading is presented. The only issue tried relates to the question of damages.

“At the trial there was evidence from which the court could find that the plaintiff had legal title to the premises, which consisted of a brick apartment house of twelve apartments, each of which opened onto- a front hall and stairwell common to all and onto a rear hall and stairwell likewise common to all.” There was further evidence…