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McDONOUGH v. WHALEN

365 Mass. 506 (1974)

313 N.E.2d 435

ROBERT E. McDONOUGH, JR., & another vs. WILLIAM T. WHALEN (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

June 24, 1974.

Attorney(s) appearing for the Case

Donald J. Fleming for the plaintiffs.

Jarvis Hunt for the defendant Whalen.

Stephen D. Clapp (Henry G. Barrett & David G. Toone with him) for the defendant Des Vergnes.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.

QUIRICO, J.

The plaintiffs Robert E. McDonough, Jr. and Suellen McDonough brought these actions of tort against the defendants William T. Whalen (Whalen) and Roger G. DesVergnes (DesVergnes) to recover for personal injuries and property damage allegedly caused by the defendants' negligent design and installation of a sewerage or septic system for the plaintiffs' house.

The facts may be summarized. The plaintiffs are a married couple with three young children...

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