Dacey v. San-Vel Contracting Co.

Action of tort to recover for property damage, the plaintiff’s motor vehicle, having skidded on ice on the road alleged to have been caused by water dripping from defendant’s trucks and freezing. The defendant’s answer is a general denial and contributory negligence.

The trial judge found that the defendant was engaged in an extensive sand and gravel business situate on both sides of Route 2, a heavily travelled arterial highway running through the towns of Littleton and Ayer. On the north side of the highway the defendant excavated sand and gravel which, by way of an under ground passage,…