Kelly v. Inhabitants of Winthrop
Massachusetts Supreme Judicial Court
Tort against the town of Winthrop for damage to the plaintiff’s property on Faun Bar Avenue caused by an overflow from a standpipe maintained by the defendant on the top of Cottage Hill in that town. Writ dated January 16, 1913. In the Superior Court the case was tried before Sanderson, J. The facts which could have been found upon the evidence are stated in the opinion.
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Tort against the town of Winthrop for damage to the plaintiff’s property on Faun Bar Avenue caused by an overflow from a standpipe maintained by the defendant on the top of Cottage Hill in that town. Writ dated January 16, 1913. In the Superior Court the case was tried before Sanderson, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the defendant asked the judge to make certain rulings, among which were the following: “1. Upon all the evidence the plaintiff is not entitled to recover. “2. There is no sufficient evidence in…
1Opinion of the CourtBraley, J.
The jury on the testimony of the defendant’s engineer could find, that the standpipe whose overflow damaged the plaintiff’s property had been built not only for protection from fire, but “to equalize the pressure in general for the domestic service.” A further finding, that the defendant maintained the domestic service and sold the water would have been warranted from its answers to the interrogatories and the testimony of the plaintiff.* It is not material that the source of supply was the main conduits of the metropolitan water system with which the service pipes owned by the town had been…
2Cases cited7 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
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3Cited by6 opinions
- Eaves v. City of OttumwaSupreme Court of Iowa · 1949
- The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Cole Drug Co. of Massachusetts v. BostonMassachusetts Supreme Judicial Court · 1950
- City of Tallapoosa v. GoebelCourt of Appeals of Georgia · 1940
- Buono v. City of BostonMassachusetts Supreme Judicial Court · 1935
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