Manning v. City of Springfield
Massachusetts Supreme Judicial Court
Tort, by the owner of certain real estate on Ferry Street in Springfield, against that city for damages alleged to have been caused by the defective construction and improper maintenance and operation of thé sewer in Ferry Street and the pipes and drains connecting therewith. -Writ dated March 15, 1901. In the Superior Court Mason, C. J. ruled that the action could not be maintained and ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
This is an action of tort to recover for injuries to the plaintiff’s real estate from water that came in upon it on two occasions, through the drain pipe connected with the sewer, and from the street, proceeding from the sewer out through a manhole in front of the plaintiff’s house. The drain pipe had an opening into the plaintiff’s yard'which was considerably below the level of the street, and into two sinks in the *246lower tenements of the building. The plaintiff’s drain had been connected with the sewer since 1878 or 1879, but no water had ever come back through it until these occasions, the…
2Cases cited5 opinions
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- O'Brien v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Buckley v. City of New BedfordMassachusetts Supreme Judicial Court · 1891
- Hewett v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1902
3Cited by12 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Harvard Furniture Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
- Anglim v. City of BrocktonMassachusetts Supreme Judicial Court · 1932
- Diamond v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1914
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