Towner v. City of Melrose

This is an action of tort, brought by the plaintiff, to recover for damage to her ice crop, caused by the breaking of a dam on December 7, 1935, on an artificial pond maintained by the defendant upon land owned and controlled by it, whereby dirt and other foreign substances flowed into her private pond and rendered the ice unmarketable. No question of pleading is raised. The defendant excepted to the refusal of the trial judge to direct verdicts on counts 2 and 4, to his refusal to give certain requests for rulings and to portions of the charge to the jury. Verdicts were returned for the…