Lore v. Town of Douglas

Plaintiffs, the owners and operators of a frozen food locker plant, sued the Town of Douglas, seeking an injunction and clam-ing damages which resulted to them in the flooding of their basement when the town flushed adjacent sewer lines. Defendant admitted the existence of the municipal corporation, plaintiffs’ ownership and management of the locker plant, and the town’s flushing operations but denied other allegations and pleaded that the complaint failed to state a claim and that the flushing of the sewer system was a governmental function, the town, therefore, being exempt from liability.…