Keeley v. City of Portland
Supreme Judicial Court of Maine
On report. Action on the case, brought in the Superior Court, Cumberland County, to recover damages caused by the alleged negligent construction and maintenance of a sewer by the defendant, whereby water and sewage flowed back into the plaintiff’s cellar.
Read the full summary
On report. Action on the case, brought in the Superior Court, Cumberland County, to recover damages caused by the alleged negligent construction and maintenance of a sewer by the defendant, whereby water and sewage flowed back into the plaintiff’s cellar. After the. evidence had been taken out, it was agreed. that the case should be reported and that “upon so much of the foregoing evidence as is competent and legally admissible, the Law Court is to render such judgment as the legal rights of the parties may require. If the Law Court holds the city to be liable, the case is to come back to…
1Opinion of the CourtWiswell, C. J.
This case comes to the law court from the Superior Court of Cumberland County, upon a report of the evidence, for this court to determine whether or not the action is maintainable. The plaintiff is the owner of property upon India Street in the city of Portland which is connected Avith a public sewer in that street, and seeks to recover of the city damages for injuries sustained by him caused by the floAving back of water and seAvage from this seiver into the cellar of his premises.
*262The evidence shows that upon numerous occasions, especially during and after heavy rainstorms, the water and…
2Cases cited4 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Palmer v. Inhabitants of SumnerSupreme Judicial Court of Maine · 1935
- Blier v. Inhabitants of Town of Fort KentSupreme Judicial Court of Maine · 1971
- Depositors Trust Co. v. BruneauSupreme Judicial Court of Maine · 1949
- Klingenberg v. . RaleighSupreme Court of North Carolina · 1937
6 more not listed; retrieve them via the Exa API.