Tarzia v. Town of Hingham

The plaintiffs allege that as a result of the overflow of a town river and pond they sustained bodily injury and property damage. A judge of the Superior Court, sitting without a jury, found for the town on all counts of the plaintiffs’ amended complaint. Of the several counts in the plaintiffs’ complaint only those alleging negligence and private nuisance are being pressed on this appeal from the ensuing judgment. 2 We reach a Solomonic conclusion: the negligence claim was correctly decided by the trial judge; the nuisance claim was not. 3

Since 1973, the plaintiffs, Donald and Dorothy…