Legal Opinion

Dalton v. City of Quincy

Massachusetts District Court, Appellate Division

Decided July 1, 1954Published

1Opinion of the CourtWelch, J.

This is an action of contract in which the plaintiff seeks damages because of injury to his property in Quincy during the period from November 2J, 1950 to August 28, 1951.

The original declaration contained three counts, in which, in substance, the plaintiff alleged that the defendant failed to maintain properly a drainage system beneath the surface of the plaintiff’s land and allowed it to deteriorate and become worn and useless, thereby injuring the plaintiff’s property, and also alleging that the drainage system was improperly and carelessly installed, causing the damage.

Upon demurrer, the…

2Cases cited6 opinions

  1. Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
  2. Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
  3. Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
  4. Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
  5. Diamond v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1914

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