Sargent v. Alton

The plaintiff was the owner of a summer cottage at Alton Bay, which he acquired in 1942. Water was supplied to the cottage by the defendant town through a “summer line” which ran above frost level, and was shut off each fall and turned on again in the following spring. The plaintiff’s evidence tended to prove the following facts. After the supply was turned off in the fall of 1954, the plaintiff according to his custom opened all faucets and traps in his cottage in order to drain the pipes, and these were left open throughout the winter. Customarily the shut-off at the street, between the…