184 Mass. 245 | Mass. | 1903
This is an action of tort to recover for injuries to the plaintiff’s real estate from water that came in upon it on two occasions, through the drain pipe connected with the sewer, and from the street, proceeding from the sewer out through a manhole in front of the plaintiff’s house. The drain pipe had an opening into the plaintiff’s yard'which was considerably below the level of the street, and into two sinks in the
For this system the city in its corporate capacity was not responsible, for it was established by officers acting judicially under the authority of law. It has often been decided that, for faults or imperfections in its system of sewers, a city or town is not liable, although it is liable for negligence in the work of construction, or in the maintenance or repair of sewers. Child v. Boston, 4 Allen, 41. Merrifield v. Worcester, 110 Mass. 216, 221. Buckley v. New Bedford, 155 Mass. 64. O’Brien v. Worcester, 172 Mass. 348, 353. Hewett v. Canton, 182 Mass. 220, 224. Johnston v. District of Columbia, 118 U. S. 19. Under this rule, upon the evidence before the court, the presiding judge rightly directed a verdict for the defendant.
JExceptions overruled.