O'Hearn v. Town of Adams

This is an action of tort commenced by writ dated October 25, 1928, and is brought to recover damages for injuries to real estate resulting from the overflow of the Hoosac River and discharge of sewage from an alleged common sewer on the plaintiffs’ land, caused by acts of an alleged superintendent of sewers covering a period from 1912 to the date of the writ. The action was referred to an auditor under the usual rule. He filed his report on September 21, 1931. A motion was filed by the plaintiffs for the entry of judgment on the auditor’s report and in the alternative for trial by jury. This…