American Coated Fabrics Co. v. Berkshire Apparel Corp.

This is an action of tort for damage caused to the plaintiff’s goods by water which flowed from the defendant’s premises onto the plaintiff’s premises on a floor below. The water came from a pipe cut by the employees of an independent contractor, Wakefield, employed by the defendant. The defendant and Wakefield were found liable by the jury for negligence, and the case against Wakefield was subsequently settled. The case is here on the defendant’s exceptions, and we consider only its exception to the denial of its motion for a directed verdict.

We summarize the evidence most favorable to the…