Musolino LoConte Co. v. Boston Consolidated Gas Co.

The object of this action of tort is to recover for damage resulting when a quantity of macaroni in process of manufacture by the plaintiff became chilled because of the opening of windows made necessary by the escape of gas from the defendant’s street main into the plaintiff’s premises on Commercial Street in Boston.

The trial judge directed a verdict for the defendant upon the opening by counsel for the plaintiff.

The material facts stated in the opening were in substance these: About midnight of December 24, 1947, a great deal of gas was found in the plaintiff’s premises, so that there…