Robert E. McDonough v. Whalen

These actions of tort, which were tried together to a jury, were brought by McDonough and his wife to recover damages resulting from the defective operation of a septic system on premises they had purchased in North Attleborough. There were two counts against the defendant Whalen for negligent design of the septic system; two against Whalen for negligent inspection and approval of the system in his capacity as agent of the North Attleborough board of health; and, in the action against the defendant DesVergnes, two counts for negligence in the installation of the system. In each instance, the…