Twombly v. Framingham Gas, Fuel & Power Co.

The defendant admitted that the trees on the plaintiff’s estate were killed by gas, and the only issues were, whether their death was caused by the defendant’s negligence, to which the plaintiff’s negligence had also contributed.

The plaintiff introduced evidence, that, her attention having been called to the trees and to the odor of gas in the highway in front of them, she spoke to the tree warden, and shortly after telephoned to the defendant and told the person *55who answered about the odor. The jury could find, that, shortly after, the defendant’s employees were seen digging in the street…