Bousquet v. Commonwealth

The Commonwealth appeals from judgments for damages for private nuisance, resulting from oil seepage from fuel tanks at the Belchertown State School into a brook running through premises of the three plaintiffs. The seepage began before 1972 and stopped some time after 1973. We affirm the judgments. (1) The judge properly ruled that our decision in Morash & Sons, Inc. v. Commonwealth, 363 Mass. 612 (1973), has retroactive application to the facts of the present case. We there held “that the Commonwealth is not immune from liability if it creates or maintains a private nuisance which causes…