Morash & Sons, Inc. v. Commonwealth

This is a petition in equity brought against the Commonwealth by Morash & Sons, Inc. (the corporation), seeking to enjoin the Commonwealth from storing road salt on State property and seeking damages resulting from the pollution of the corporation’s water supply by such storage.

The Superior Court judge heard evidence only on the issue of liability but then, failing to pass on the merits, dismissed the petition, ruling that the doctrine of sovereign immunity was a complete defence to the action. The corporation appeals from this dismissal. Since the dismissal has the procedural effect of…