Incorporated Town of Chelsea v. Wilkinson

CORN, V. C. J.

The defendant in error, plaintiff below, recovered a verdict and judgment against the plaintiff in error, defendant below, in an action for damages resulting from the negligent operation of a sewage disposal plant, and the defendant brought this appeal for reversal of said judgment. The parties are referred to herein as they appeared in the trial court.

The issues were based upon plaintiff’s allegations that he owned and operated a dairy farm consisting of 80 acres specially improved and stocked for dairying purposes; that said farm was traversed by a creek which the defendant,…