AUBURN WATER DISTRICT v. INSURANCE CO. OF NO. AMER.


312 A.2d 174 (1973)

AUBURN WATER DISTRICT v. INSURANCE COMPANY OF NORTH AMERICA.

Supreme Judicial Court of Maine.

November 28, 1973.


Attorney(s) appearing for the Case

Linnell, Choate & Webber by G. Curtis Webber, Auburn, for plaintiff.

Richardson, Hildreth, Tyler & Troubh by Harrison L. Richardson, Portland, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.


WEATHERBEE, Justice.

On a summer evening in 1969 a break occurred in a twelve inch water main of the Plaintiff, a quasi-municipal corporation, on Court Street in Auburn. The main had been laid in 1882, was 5½ feet underground at this point, and was subject to a pressure of 85 to 90 pounds per square inch. The cause of the pipe's bursting was not known. The Plaintiff's workmen quickly shut off the flow of water in the main and had repaired the pipe by early morning...

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