Priest v. Nichols
Massachusetts Supreme Judicial Court
Tort for injury to the plaintiffs’ goods by leakage from pipes alleged to be under the control of the defendants. The first count of the declaration alleged that the plaintiffs were tenants of the first story and basement of a building on Congress Street, Boston, where they carried on business as wool dealers; that the defendants used the second story of the building as a manufactory of chemicals, and had charge of and used, for the purpose of carrying off the waste water…
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Tort for injury to the plaintiffs’ goods by leakage from pipes alleged to be under the control of the defendants. The first count of the declaration alleged that the plaintiffs were tenants of the first story and basement of a building on Congress Street, Boston, where they carried on business as wool dealers; that the defendants used the second story of the building as a manufactory of chemicals, and had charge of and used, for the purpose of carrying off the waste water and material of their manufactory, a water closet and sink, from which a waste pipe extended down through the plaintiffs’…
1Opinion of the CourtEndicott, J.
There was evidence upon which this case could properly be submitted to the jury. The plaintiffs occupied as tenants the lower floor of a building belonging to the defendants. The defendants occupied the floor above. There was a pipe leading through the plaintiffs’ premises which conveyed the waste water and material from the manufactory, sinks and water closet of the defendants to the sewer below. This pipe was alleged to be in charge of the defendants, and evidence was offered that they had so treated it, and had, from time to time, upon notice, made repairs upon it. But they negligently…
2Cited by41 opinions
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Getz v. FreedSupreme Court of Pennsylvania · 1954
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