Burnside v. City of Everett

This is an action of tort against a city for injuries caused by the overflow of a sewer through a connecting drain into the plaintiff’s cellar. At the trial in the Superior Court, the jury returned a verdict for the defendant; and the only exceptions relate to questions of evidence.

It appeared in evidence that the injury was done on the night of February 28, 1902, when there was a very heavy rainfall, lasting four hours, amounting to seventy-eight one hundredths of an inch per hour; that the sewer connected with the metropolitan sewer, and had an overflow pipe twenty-four inches in diameter…