AMERICAN COATED FABRICS CO. v. BERKSHIRE APPAREL CORP.


361 Mass. 165 (1972)

279 N.E.2d 695

AMERICAN COATED FABRICS COMPANY vs. BERKSHIRE APPAREL CORPORATION.

Supreme Judicial Court of Massachusetts, Suffolk.

February 11, 1972.


Attorney(s) appearing for the Case

Simon Scheff for the defendant.

George F. Hurley for the plaintiff.

Present: CUTTER, REARDON, BRAUCHER, & HENNESSEY, JJ.


BRAUCHER, J.

This is an action of tort for damage caused to the plaintiff's goods by water which flowed from the defendant's premises onto the plaintiff's premises on a floor below. The water came from a pipe cut by the employees of an independent contractor, Wakefield, employed by the defendant. The defendant and Wakefield were found liable by the jury for negligence, and the case against Wakefield was subsequently settled. The case is here on the defendant's exceptions...

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