Globe Leather & Shoe Findings, Inc. v. Golburgh

This is an action of tort brought to recover for damage sustained by the plaintiff to personal property in the basement of a store numbered 1112 Washington Street, Boston, which it was alleged was rented to the plaintiff by the defendant. The first count is for negligence of the defendant in maintaining a drainpipe in adjoining premises of the defendant. The second count is for a nuisance upon the same facts. The findings of the auditor and the evidence before the jury indicate that both counts are for the same cause of action.

The action was referred to an auditor, whose findings of facts…