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METEVIA v. ATHOL

348 Mass. 274 (1964)

203 N.E.2d 382

HENRY W. METEVIA vs. TOWN OF ATHOL.

Supreme Judicial Court of Massachusetts, Worcester.

December 31, 1964.

Attorney(s) appearing for the Case

Carlton W. Spencer (George G. Pierce with him) for the defendant.

Lawrence A. Sullivan for the plaintiff.

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

WHITTEMORE, J.

These are the defendant's exceptions in an action to recover for damage caused by the flooding of the basement of the plaintiff's plant in Athol on the night of September 2-3, 1960. The flooding resulted from the giving way of the frost bottom of a rebuilt Hersey-Sparling water meter installed at the plant by the defendant's water department on July 14, 1960. An auditor whose findings were not final found...

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