Legal Opinion

Lobster Pot of Lowell, Inc. v. City of Lowell

Massachusetts Supreme Judicial Court

Decided July 5, 1955PublishedCited by 14 opinions

1Opinion of the CourtWilliams, J.

This is an action of tort to recover for property damage caused by the negligent maintenance of the defendant’s sewer. The negligence alleged consisted in permitting the sewer to become defective or “clogged up.” At the conclusion of the evidence the judge allowed the defendant’s motion for a directed verdict and the plaintiff excepted.

There was evidence that the plaintiff occupied as a tenant and used for restaurant purposes the first floor and basement of a building numbered 35 John Street in Lowell. The building adjoined an alleyway called Pollard Avenue which appears to have been a…

2Cases cited15 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
  3. Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
  4. Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
  5. Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895

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3Cited by14 opinions

  1. Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
  2. Connerty v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1986
  3. Patrazza v. CommonwealthMassachusetts Supreme Judicial Court · 1986
  4. Barrett v. Wood Realty Inc.Massachusetts Supreme Judicial Court · 1956
  5. Nemet v. Boston Water & Sewer CommissionMassachusetts Appeals Court · 2002

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