Sroczynski v. Shell Oil Co.

This action arose when gasoline from an underground tank owned by the defendant allegedly leaked onto the plaintiffs’ property. The defendant appeals from the Appellate Division’s denial of its petition to establish a report. We dismiss the appeal.

In October, 1980, the plaintiffs filed their complaint in the Superior Court in Bristol County. Pursuant to G. L. c. 231, § 102C, the case was transferred to the New Bedford District Court, where judgment was entered for the plaintiffs on July 15, 1982, in the sum of $40,000. On July 21, the plaintiffs filed a request to retransfer the case to the…