Legal Opinion
Davies v. City of Bath
Supreme Judicial Court of Maine
Decided November 30, 1976No. 9. Although we recognize that the doctrines of sovereign immunity and municipal immunity appeared in the common law at different times and for different reasons, the injustices occasioned by both doctrines are identicalPublishedCited by 52 opinions
1Opinion of the Court
ARCHIBALD, Justice.
This is an appeal from granting defendant’s motion for summary judgment. We sustain the appeal and remand for further proceeding.
The parties agreed that the plaintiff is the owner of real property in the City of Bath, that the defendant municipality owns and legally operates a public sewerage system. It was further agreed that a sewer main ran under the northeasterly corner of the plaintiff’s house and on December 13, 1973, water from that main erupted through the basement of the house causing substantial damage. The plaintiff, not being able to maintain an action under 30…
2Cases cited31 opinions
- Molitor v. Kaneland Community Unit District No. 302Illinois Supreme Court · 1959
- Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
- Ayala v. Philadelphia Board of Public EducationSupreme Court of Pennsylvania · 1973
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Hargrove v. Town of Cocoa BeachSupreme Court of Florida · 1957
26 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Vanderpool v. StateSupreme Court of Oklahoma · 1983
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
- Adams v. Buffalo Forge Co.Supreme Judicial Court of Maine · 1982
- Cauley v. City of JacksonvilleSupreme Court of Florida · 1981
47 more not listed; retrieve them via the Exa API.