Metevia v. Town of Athol

These are the defendant’s exceptions in an action to recover for damage caused by the flooding of *275the basement of the plaintiff’s plant in Athol on the night of September 2-3, 1960. The flooding resulted from the giving way of the frost bottom of a rebuilt Hersey-Sparling water meter installed at the plant by the defendant’s water department on July 14, 1960. An auditor whose findings were not final found that the defendant was negligent. The case was heard in the Superior Court by a judge without jury upon the auditor’s report and other evidence, the judge having reserved decision on the…