Russo v. Mystic Valley Gas Co.
Russo v. Mystic Valley Gas Co.
Opinion of the Court
This is an action brought by the owners of a house in Burlington for damages to the house and its contents caused by a gas line explosion and a resulting fire. At the close of all the evidence the defendant filed a motion for a directed verdict, which was denied. See Soares v. Lakeville Baseball Camp, Inc. 369 Mass. 974, 975 (1976). The judge submitted the case to the jury on an issue of negligence in failing to respond promptly to notification of a gas leak. The jury returned a verdict for the plaintiff, and judgment was entered accordingly. The defendant then filed a motion for judgment notwithstanding the verdict, which was allowed. See Soares v. Lakeville Baseball Camp, Inc. supra. 1. In the circumstances of this case, the promptness of the defendant’s response was an issue properly left for the jury to resolve. See Wolff v. Buzzards Bay Gas Co. 353 Mass. 57, 59 (1967); Milwaukee Ins. Co. v. Gas Serv. Co. 185 Kan. 604, 608-609 (1959); Guzzi v. Jersey Cent. Power & Light Co. 12 N.J. 251, 257 (1953); Long v. Weirton, W. Va. , (1975) ,
Judgment reversed.
Judgment is to be entered in accordance with the verdict.
214 S.E.2d 832, 844 (1975).
Reference
- Full Case Name
- Clarence Russo & another v. Mystic Valley Gas Company
- Cited By
- 1 case
- Status
- Published