Belkus v. City of Brockton
Massachusetts Supreme Judicial Court
1Opinion of the CourtWait, J.
It was held in Parker v. Lowell, 11 Gray, 353, that a municipality could be held hable in tort for a negligent failure to keep a highway culvert in such condition as not to obstruct the flow of a natural watercourse, if damage was caused by a consequent flooding of the plaintiff’s premises. A similar decision was rendered in Perry v. Worcester, 6 Gray, 544, where a city had set back the water of a natural watercourse by building a bridge across it in such wise that the waterway was narrowed. The liability is not affected by the fact that the municipality is acting under authority conferred by…
2Cases cited17 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
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3Cited by52 opinions
- Commonwealth v. Johnson InsulationMassachusetts Supreme Judicial Court · 1997
- Tucker v. BadoianMassachusetts Supreme Judicial Court · 1978
- Royal Paper Box Co. v. Munro & Church Co.Massachusetts Supreme Judicial Court · 1933
- Guaranty-First Trust Co. v. Textron, Inc.Massachusetts Supreme Judicial Court · 1993
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
47 more not listed; retrieve them via the Exa API.