290 Mass. 59 | Mass. | 1935
This is an action of tort to recover damages for alleged negligence of the defendant in so operating and maintaining its public water supply system as to flood the plaintiff’s cellar with water. The judge found for the plaintiff. The only question presented by the report is whether there was any evidence to support a finding that damages to the plaintiff were caused by negligence of the defendant.
There was evidence from which the following facts could be found: The plaintiff was the owner of a forty-two-family apartment building on Hanover Street in Boston. Greenough Lane ran behind the plaintiff’s building, and there was “a little alley” between it and the rear of the plaintiff’s building. In 1932 five buildings “to the rear” of the plaintiff’s building were torn down. In October of that year, while the last of the five buildings was being torn down, in fine weather, a foot of water came
The reported evidence, as read from the printed page, is not altogether clear in some respects, but if we assume that the judge accepted it in the view most favorable to the plaintiff, we think that he could arrive at the conclusion that negligence of the defendant in not stopping the flow of water earlier than it did caused damage to the plaintiff. He could well find that in fair weather in October pure, clean water came suddenly in large quantities into the plaintiff’s cellar from outside the building and from the general direction of Greenough Lane, where the defendant
As we find no error in respect to the only issue raised by the appeal, the entry will be
Order dismissing report affirmed.