Home DIMINICO & CINCOTTA, INC. vs. FIRE COMMISSIONER OF BOSTON.

346 Mass. 766

October 15, 1963

Order affirmed. This is an appeal from an order of the Superior Court denying, after hearing, a petition for a writ of certiorari. The petitioner sought to quash the action of the respondent in awarding a contract to the L. C. Blake Construction Corp. (Blake) for the construction of a fire station in Boston. It also sought to order the respondent to award the contract to the petitioner, even though its bid was $32,000 in excess of the Blake bid. The petitioner contends that the Blake bid is defective because in the "Form for General Bid" it did not fill in on page 2 of its bid an amount against "Item 1. The work of the general contractor, being all work other than that covered by Item 2." The petitioner argues that this omission made the general bid "defective in matter of substance" and therefore violates the provisions of G. L. c. 149, Sections 44A to 44L, as amended. The amount of the general bid was clearly written in paragraph C of the "Form for General Bid." Item 2, which was completely filled in, covered all work of the subbidders. The difference in amount between item 2 and the amount of the general bid obviously covered all the work of the general contractor. The figure omitted in item 1 being readily ascertainable, the petitioner's contention is without merit. Chick's Constr. Co. Inc. v. Wachusett Regional High Sch. Dist. Sch. Comm. 343 Mass. 38 , 42. There was no basis whatever for rejection of the Blake bid.

Home ALPHONSO DELUCA'S (dependent's) CASE.

346 Mass. 766

October 31, 1963

Decree affirmed. This is an appeal from a decree of the Superior Court dismissing a claim by a widow for compensation for the death of her husband. The single member, whose decision was affirmed by the reviewing board, found that the claimant had failed to establish that the death of the employee was causally connected with an injury arising out of his employment. The employee had been a worker in a shoe factory with some exposure to dust and it was claimed that his death was caused by occupational pneumoconiosis. An autopsy did not substantiate this claim. The finding by the single member was predicated on the absence of medical testimony sufficient to link in causal relationship the employee's occupation and his death. There was no error. See Sevigny's Case, 337 Mass. 747 , 749. Prejudicial error possible in the exclusion of certain evidence was cured by its admission thereafter through a subsequent witness. Carson v. Boston Elev. Ry. 309 Mass. 32 , 35.

Home RICHARD BLAIS vs. AMALIA BIAGI.

346 Mass. 766

October 31, 1963

Exceptions overruled. The plaintiff, while a business invitee of a tenant of the defendant landlord, was injured when he stepped into an unguarded elevator shaft at the end of a common hallway. The plaintiff excepted to rulings by the judge that there was no evidence (1) upon which a finding could be made that the defendant violated a duty owed to the plaintiff, and (2) to show a difference in the condition of the defendant's premises from the date of the letting to that of the injury. If correct, the ruling of the judge on (1) disposes of the plaintiff's claim. There was evidence to show that the elevator gate was not in a position to guard the shaft when the plaintiff sustained his injury. The record is barren, however, of evidence indicating

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why the gate was not in place, or whether sufficient time had elapsed before the plaintiff's injury to enable the defendant to discover and remedy the condition. McAvey v. Albany Realty Co. 328 Mass. 310 , 314-315. There is no error in the judge's rulings.