Boston Edison Company v. Campanella & Cardi Construction Company

ALDRICH, Circuit Judge.

This is a diversity action brought by plaintiff-appellant Boston Edison Company, hereinafter sometimes called Edison, to recover for damage to two transmission poles resulting from construction work done by the defendant contractor, hereinafter called Campanella, pursuant to a contract with the Department of Public Works of the Commonwealth of Massachusetts. Jurisdiction adequately appeared. The case was tried on an agreed statement of facts, which included a stipulation eliminating all questions of pleading. The Court dismissed the complaint, and Edison appealed.

It…