Legal Opinion
Gamer v. Town of Milton
Massachusetts Supreme Judicial Court
Decided January 7, 1964PublishedCited by 12 opinions
1Opinion of the CourtSpalding, J.
These are two actions of tort for damage to real estate owned by the plaintiffs. The defendants are the town of Milton (town) and Marinucci Bros. & Co., Inc. (Marinucci).. The cases were referred to an auditor (findings of fact not final) and thereafter were tried to a judge. Both the auditor and the judge found for each plaintiff against each defendant. The case against Marinucci was tried solely on the auditor’s report; the case against the town was tried on the report and other evidence.
The underlying facts common to both cases, as found by the auditor, are these: The town is the owner of…
2Cases cited5 opinions
- Cabot v. KingmanMassachusetts Supreme Judicial Court · 1896
- New York Central Railroad v. Marinucci Bros. & Co.Massachusetts Supreme Judicial Court · 1958
- Bissell v. FordMichigan Supreme Court · 1913
- Davis v. SpauldingMassachusetts Supreme Judicial Court · 1892
- Domenic T. ScanoMassachusetts Supreme Judicial Court · 1958
3Cited by12 opinions
- Antonellis v. Northgate Construction Corp.Massachusetts Supreme Judicial Court · 1973
- Figgie International, Inc. v. Fred W. Bailey, James Upfield, Travelers Ins. Co., and Insurance Co. Of North AmericaCourt of Appeals for the Fifth Circuit · 1994
- Allstate Insurance v. Quinn Construction Co.District Court, D. Massachusetts · 1989
- Finley v. Teeter Stone, Inc.Court of Appeals of Maryland · 1968
- Boston Gas Company v. Century Indemnity CompanyCourt of Appeals for the First Circuit · 2013
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