COLE DRUG CO. OF MASSACHUSETTS v. BOSTON


326 Mass. 199 (1950)

93 N.E.2d 556

COLE DRUG COMPANY OF MASSACHUSETTS vs. CITY OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1950.


Attorney(s) appearing for the Case

E.F. Cooley, Assistant Corporation Counsel, for the defendant.

F.R. Walsh, (J.H. Higgins, Jr., with him,) for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & COUNIHAN, JJ.


WILKINS, J.

The plaintiff drug company sues in tort for damage to personal property negligently caused by water escaping from the defendant's main as the result of a break or separation at the junction of a lateral supply pipe and the pot or base of a fire hydrant. There was a finding in a substantial amount for the plaintiff, the Appellate Division dismissed a report, and the defendant appealed.

There was evidence tending to show these facts. The plaintiff...

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