Rotella v. McGovern

Shortly after dinner on the evening of September 13, 1965, Joseph Rotella and his wife, Rocca Rotella, detected an odor in their home and, investigating, discovered what appeared to be water gushing into the basement. Because the water was rising to the level of the oil burner, Joseph called the fire department while neighbors called the sewer department.

Both departments arrived shortly after receiving the calls and the superintendent of sewers advised the men from the fire department that he would take care of the problem. Investigation disclosed that what was flowing into the Rotella…