Willoughby v. Allen

The substance of the allegations contained in the plaintiff’s declaration is that the defendant town, by its officers and agents, so negligently caused certain streets and lots to be graded and certain ponds to be drained that large quantities of surface water were collected from a wide area and turned into a brook which ran across the plaintiff’s land, whereby said brook was made to overflow upon their land, causing serious damage thereto.

The declaration sets out that prior to the grading and drain ing referred to said surface water had accumulated in ponds or pools and had run off in…