Lemasurier v. Town of Pepperell

This is an action grounded in tort for negligence and for nuisance for damage to the plaintiff’s land by flooding resulting from the repair, replacement and maintenance of a culvert under a town road near the land. The action was entered in the Superior Court on August 12,1974, and was transferred to a District Court. Following a finding for the defendant in that court the case was retransferred to the Superior Court. After a jury trial in the Superior Court, judgment in the amount of $25,000 was entered for the plaintiff. The defendant (town) had moved for a directed verdict after both…