Hood v. Nashua

One position the defendant takes is that the evidence warranted no conclusion that the water entering the plaintiff’s cellar came from the culvert. It is admitted that the cellar is flooded only at times when water runs through the culvert in quantity. There was evidence that the land north of the plaintiff’s and on which the water from the culvert emptied had “a very hard subsoil about two feet from the surface” and that the plaintiff’s cellar floor was at a level which permitted the flow of water into it from the topsoil. The distance from the outlet of the culvert to the cellar was not…