Legal Opinion

Kushner v. Dravo Corp.

Massachusetts Supreme Judicial Court

Decided May 26, 1959PublishedCited by 19 opinions

1Opinion of the CourtWhittemore, J.

The plaintiff had a verdict in this action of tort to recover for damage to the plaintiff’s dwelling house at 375 Broadway, Somerville, allegedly caused by negligent blasting by the defendant under a contract with the metropolitan district commission (the commission). The defendant excepted to the denial of its motion for a directed verdict, to the admission of evidence of an alleged expert on blasting called by the plaintiff,'and to the judge’s charge.

The jury could have found facts as follows: The .defendant, under the contract, was excavating a shaft ("Shaft 9”) to connect with a tunnel to…

2Cases cited32 opinions

  1. Whitman Hotel Corporation v. Elliott & Watrous Engineering Co.Supreme Court of Connecticut · 1951
  2. Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
  3. Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
  4. Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
  5. Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940

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3Cited by19 opinions

  1. Corsetti v. Stone Co.Massachusetts Supreme Judicial Court · 1985
  2. Banaghan v. DeweyMassachusetts Supreme Judicial Court · 1959
  3. Carney v. BereaultMassachusetts Supreme Judicial Court · 1965
  4. Upham v. Chateau De Ville Dinner Theatre, Inc.Massachusetts Supreme Judicial Court · 1980
  5. Ted's Master Service, Inc. v. FARINA BROS. CO. INC.Massachusetts Supreme Judicial Court · 1961

14 more not listed; retrieve them via the Exa API.

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