WILLIAMS, J.
In this action of tort there was evidence that the plaintiff owned a house on Tuttle Street in Dorchester which was connected with the street sanitary sewer by a soil pipe. Sometime in December, 1946, the sewage from the house "became sluggish" and about the middle of January, 1947, "backed up into ... [the plaintiff's] kitchen sink ... set tubs and cellar, causing damage." Investigation showed that there were two jagged breaks in the soil pipe at or...
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