Gerard v. City of Boston

The basement occupied by the plaintiffs on Pearl Street in Boston, a few feet from the corner of High Street, was flooded on December 11, 1933, and their stock of goods was damaged, because of the bursting of the water main of the defendant at the intersection of those streets. At the close of the plaintiffs’ evidence, the judge *489directed a verdict for the defendant, subject to the plaintiffs’ exception. The only question is, whether there was evidence of negligence of the defendant. There was evidence tending to show the following facts.

The water main was a twelve-inch “high service” pipe,…