Livingstone v. City of Taunton
Massachusetts Supreme Judicial Court
Tort, for negligently allowing a sewer to be choked so that sewage flowed through a connecting drain into the plaintiff’s cellar. Trial in the Superior Court, before Sherman, J., who ordered a verdict for the defendant; and the plaintiffs alleged exceptions, which, so far as material to the point decided, appear in the opinion.
1Opinion of the CourtBarker, J.
The action is for negligently allowing a sewer to be choked so that sewage flowed through a connecting drain *364into the plaintiffs’ cellar. The sewer was ordered on June 15, 1870, and built between that date and December 27, 1871, partly in public streets and partly through private lands. The cellar is on land which Ellen Mason owned in 1870, and held until 1877, when it was inherited by the plaintiffs, who have since been its owners. The sewer was laid through this land by consent of Ellen Mason, passing about seven feet from her dwelling, and she connected the cellar with the sewer soon after…
2Cases cited2 opinions
- Ranlett v. City of LowellMassachusetts Supreme Judicial Court · 1879
- Sheridan v. City of SalemMassachusetts Supreme Judicial Court · 1889
3Cited by4 opinions
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Breuck v. City of HolyokeMassachusetts Supreme Judicial Court · 1897
- O'MALLEY v. Commissioner of Public Works of BostonMassachusetts Supreme Judicial Court · 1960
- Hendrie v. City of BostonMassachusetts Supreme Judicial Court · 1901