Spitz v. Boston Edison Co.

Plaintiffs, Gerald F. Spitz (“Spitz”) and Edward F. O’Reilly (“O’Reilly”), brought an action in negligence against the Boston Edison Company (“Edison”) to recover for personal injuries suffered while fighting a fire allegedly caused by a defective split fibre main. The jury returned a verdict for the plaintiffs. Edison has now moved for a judgment notwithstanding the verdict or, in the alternative, a new trial. For the reasons set forth below, the defendant’s motions are denied.

BACKGROUND

On January 31, 1991, Spitz and O’Reilly, firefighters for the City of Boston, responded to a fire on 51…