Hanifin v. C & R Construction Co.

The plaintiff’s declaration is in two counts, in each of which it is alleged (a) that on June 7, 1939, his lumber was destroyed by a fire which was carelessly and negligently set by the defendant, its agents or servants, and which spread to the lumber, or (b) that the defendant carelessly or negligently failed to control the fire and permitted it to spread to and destroy the lumber. The case was referred to an auditor, whose findings of fact were to be final.

In September, 1937, the Commonwealth, acting through its metropolitan district water supply commission, hereinafter referred to as the…