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STIMPSON v. WELLINGTON SERVICE CORP.

355 Mass. 685 (1969)

246 N.E.2d 801

EDWARD S. STIMPSON & others, trustees, vs. WELLINGTON SERVICE CORPORATION (and two companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

April 15, 1969.

Attorney(s) appearing for the Case

George F. Hurley for the plaintiffs.

Raymond J. Kenney, Jr., for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

WHITTEMORE, J.

In three actions of tort, consolidated for trial, after the jury had returned verdicts for the plaintiffs (whom we refer to respectively as Stimpson, Interchemical and Phelps-Dodge) the judge reserved leave to enter verdicts for the defendant and reported to this court two issues of law in each case: 1. Were the alleged violations of law a condition or a proximate cause of the damage? 2. Were the verdicts supported by proof of negligence or founded...

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