IVER JOHNSON SPORTING GOODS CO. v. BOSTON


334 Mass. 401 (1956)

135 N.E.2d 658

IVER JOHNSON SPORTING GOODS CO. vs. CITY OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

July 6, 1956.


Attorney(s) appearing for the Case

Walter F. Henneberry, (Declan W. Corcoran & Arthur L. Brown with him,) for the plaintiff.

Joseph Graglia, Assistant Corporation Counsel, for the defendant.

Present: QUA, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.


RONAN, J.

These are the plaintiff's exceptions taken to the direction of a verdict for the defendant in an action of tort brought to recover for damage due to a break in one of the defendant's water mains with the consequent escape of water into the plaintiff's building.

There was evidence tending to show that the break occurred in a twelve inch "high service" pipe laid in Washington Street, near the corner of Cornhill, upon which the plaintiff's premises...

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