Moraski v. T. A. Gillespie Co.
Massachusetts Supreme Judicial Court
Tort for damage to real estate of the plaintiff alleged to have been caused by improper conduct of the defendant in the construction of the Dorchester tunnel, so called. Writ dated June 13, 1917. In the Superior Court, the action was tried before Hammond, J. Material evidence is described in the opinion. At the close of the evidence by order of the judge a verdict was entered for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtCarroll, J.
This is an action of tort by the owner of the premises No. 13 Boston Street, South Boston, against the defendant construction company, which was engaged at the time in building a section of the Dorchester tunnel, so called. St. 1911, c. 741. The declaration and specifications allege that the work was so carelessly performed as to cause a settlement of the house.
The plaintiff’s house was an old two-story wooden building resting upon a brick and stone foundation, " in fairly good condition ... for an old building,” with a store projection extending about four feet from the front walls.…
2Cases cited9 opinions
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
- McMahon v. McHaleMassachusetts Supreme Judicial Court · 1899
- Saltonstall v. New York Central RailroadMassachusetts Supreme Judicial Court · 1921
- Jordan v. Adams Gas Light Co.Massachusetts Supreme Judicial Court · 1918
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3Cited by7 opinions
- Moore v. ClarkSupreme Court of North Carolina · 1952
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- State Highway Commission v. LA REYNOLDS COMPANYSupreme Court of North Carolina · 1968
- Newton Auto Salvage Co. v. HerrickSupreme Court of Iowa · 1927
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