Arick v. City of Worcester

This is an action of tort for damages sustained by the plaintiff because of water flowing into his cellar. The plaintiff’s declaration alleged that on November 3, or 4, 1927, the merchandise stored in the basement of the premises occupied by him was damaged by rain, water and dirt which flowed into said cellar by reason of the failure of the defendant properly to care for, maintain and keep free from obstruction, the sewers, catch basins and ways adjacent to the property occupied by the plaintiff. The answer of the defendant was a general denial. Upon the conclusion of the evidence, on the…