Miles Plumbing & Heating Co. v. City of Brockton

As the events in suit occurred before the sweeping legislative reform of the doctrines of governmental immunity (St. 1978, c. 512, G. L. c. 258), we have to apply the convoluted and rather arbitrary common law of the subject. See the comments on the older law in Whitney v. Worcester, 373 Mass. 208 (1977).

The plaintiff, Miles Plumbing & Heating Co., Inc., sued the city of Brockton for damage done to its goods through overflow of water and sewage, caused, so the plaintiff alleged, by negligence of the city. There was also a claim of nuisance relating to the runoff from a municipal parking lot.…