Cole Drug Co. v. City of Boston

This is an action of tort for negligence in which the plaintiff seeks to recover damages resulting from the escape of large quantities of water on to its premises, following a separation or break at the junction of a lateral supply pipe, connected with a water main used for commercial purposes, and the base or pot of a fire hydrant, all of which were maintained by the defendant city.

The trial court ruled that there was no evidence to warrant a finding that the defendant was negligent in the maintenance of the lateral pipe and fire hydrant but found as a fact that the defendant was negligent…