L.G. BALFOUR CO. v. ABLONDI & BOYNTON CORP.


3 Mass. App. Ct. 658 (1975)

338 N.E.2d 841

L.G. BALFOUR COMPANY vs. ABLONDI & BOYNTON CORPORATION.

Appeals Court of Massachusetts, Bristol.

December 22, 1975.


Attorney(s) appearing for the Case

Charles R. Desmarais for the defendant.

Edmund F. Henry (John W. McIntyre with him) for the plaintiff.

Present: HALE, C.J., ROSE, & KEVILLE, JJ.


HALE, C.J.

The plaintiff, a manufacturer of jewelry with a plant located in Attleboro on both sides of the Ten Mile River immediately north of County Street, brought an action in tort to recover damages suffered from the flooding of its factory. The plaintiff alleged that the flooding resulted in part from an increase in the level of the river running next to its factory caused by fill and other debris negligently

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