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LOBSTER POT OF LOWELL, INC. v. LOWELL

333 Mass. 31 (1955)

127 N.E.2d 659

THE LOBSTER POT OF LOWELL, INC. vs. CITY OF LOWELL.

Supreme Judicial Court of Massachusetts, Middlesex.

July 5, 1955.

Attorney(s) appearing for the Case

Alan M. Qua, for the plaintiff.

Francis K. Monarski, Assistant City Solicitor, for the defendant.

Present: WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

WILLIAMS, J.

This is an action of tort to recover for property damage caused by the negligent maintenance of the defendant's sewer. The negligence alleged consisted in permitting the sewer to become defective or "clogged up." At the conclusion of the evidence the judge allowed the defendant's motion for a directed verdict and the plaintiff excepted.

There was evidence that the plaintiff occupied as a tenant and used for restaurant purposes the first floor...

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