LaFrance Industries v. City of Boston

Property of the plaintiff in a building on Merrimac and Canal streets, Boston, was damaged by the alleged overflow of one or more sewers of the defendant. It was agreed that, if the plaintiff could recover, damages should be assessed in the sum of $13,000. The jury found for the plaintiff. The case is before us on the defendant’s exceptions.

The plaintiff’s contention is that the damage was caused by the defendant’s neglect in the construction, maintenance and operation of its main drains and sewers. The defendant contends that the damage resulted from the lack of capacity or defect in the…