Serota v. M. & M. Utilities, Inc.

The plaintiff has brought suit against the defendant corporation, a supplier of fuel oil, for damages sustained to the lawn and shrubbery on his property by reason *287of defendant’s alleged unauthorized delivery of fuel oil to his home. The claimed damages were apparently sustained because of spillage. Plaintiff’s complaint in its first cause of action alleges a trespass and the unauthorized deposit of fuel oil upon the lawn and shrub beds surrounding plaintiff’s home, and in its second cause of action, alleges negligence on the part of the defendant in delivering the oil. It appears that the…