Boston Tomato Co. v. Frank W. Morse Co.

This is an action of tort in which the plaintiff (hereinafter Boston Tomato) *133seeks to recover for property damage alleged to have been caused by the escape of water from the defendant’s premises. The declaration is in two counts. Count I is against the Frank W. Morse Company, Inc., (hereinafter Morse) and alleges that the plaintiff was a tenant of the basement of a building located at '358 Congress Street in Boston, and that on or about August 27, 1967 Morse negligently permitted a leak of water which caused damage to Boston Tomato’s property. Count II is against the other defendants who are…