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BAY STATE-SPRAY & PROVINCETOWN S.S. v. CATERPILLAR

404 Mass. 103 (1989)

533 N.E.2d 1350

BAY STATE-SPRAY & PROVINCETOWN STEAMSHIP, INC. vs. CATERPILLAR TRACTOR CO.

Supreme Judicial Court of Massachusetts, Suffolk.

February 13, 1989.

Attorney(s) appearing for the Case

Thomas E. McDonald (Donald J. Wood with him) for the defendant.

Gregory J. Wenger for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

In 1972 the plaintiff (Steamship), which operates a passenger ferry service between Boston and Provincetown, ordered the ship "Provincetown" built by a shipyard. The shipyard installed engines that had been manufactured by the defendant (Caterpillar). The ship began commercial operation in 1973. On August 17, 1980, while the ship was en route to Provincetown, its main starboard engine malfunctioned. As a result...

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