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· 12/1/1969

Triangle Dress, Inc. v. Bay State Service, Inc.

Citations

  • 252 N.E.2d 889
  • 356 Mass. 440
  • 1969 Mass. LEXIS 720

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding evidence of negligence by repairman insufficient where jury left to conjecture and surmise about cause of fire
  • finding that plaintiffs evidence was insufficient to warrant submission of negligence claim to jury where there was “a complete absence of expert opinion testimony” and jury was “left to conjecture and surmise about the cause of the fire” (quotations and citations omitted)
  • expert testimony necessary to demonstrate that the actions of defendant’s repairman caused subsequent air conditioner malfunction
  • expert testimony was required where the only evidence was that a fire broke out two hours after the defendant had repaired an air conditioner
  • expert testimony necessary to show cause of fire where only evidence finking defendant to fire was testimony by plaintiff that air conditioner burst into flames two hours after defendant completed repair services on it
  • “There was no direct evidence of the cause of the flames. There was not only a complete absence of expert opinion testimony but it seems to us a lack of evidence establishing facts upon which an expert opinion could be predicated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Spalding, Cutter, Kirk, Reardon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.