The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.

This case is before us pursuant to G. L. c: 231, § 111, on a report by a judge of the Superior Court. The question submitted on report is as follows: “Does Count II of the plaintiff’s declaration set forth a cause of action known to the law of the Commonwealth of Massachusetts?”

The plaintiff brought an action in tort in two counts; the first alleging negligence, the second in strict liability. It seeks to recover for damage caused when water allegedly stored behind a dam on the defendant’s property was released and flowed onto its property. A Superior Court judge sustained the defendant’s…