COLUMBIA AUTO PARTS CO. INC. v. SHUMAN CONSTRUCTION CO.


345 Mass. 82 (1962)

185 N.E.2d 746

COLUMBIA AUTO PARTS CO., INC. vs. SHUMAN CONSTRUCTION CO. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1962.


Attorney(s) appearing for the Case

Jacob Stone for the plaintiff.

Andrew B. Goodspeed for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


CUTTER, J.

The defendant Shuman, as contractor, was building an addition to premises of which the plaintiff (Columbia) occupied the cellar. There, about January 14, 1958, Columbia's property was damaged after a heavy rain by an unusual backflow from a city sewer. The backflow came through drains left unplugged by plumbing and sprinkler subcontractors not negligently selected by Shuman. Shuman "had the right to stop a [sub]contractor when the work was not being done...

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