DAVIES v. CITY OF BATH


364 A.2d 1269 (1976)

Edith A. DAVIES v. CITY OF BATH.

Supreme Judicial Court of Maine.

As Amended November 30, 1976.


Attorney(s) appearing for the Case

Carl O. Bradford, H. Denton Bumgardner, Freeport, for plaintiff.

Hart & Stinson, P. A. by Carl W. Stinson, Bath, for defendant.

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


ARCHIBALD, Justice.

This is an appeal from granting defendant's motion for summary judgment. We sustain the appeal and remand for further proceeding.

The parties agreed that the plaintiff is the owner of real property in the City of Bath, that the defendant municipality owns and legally operates a public sewerage system. It was further agreed that a sewer main ran under the northeasterly corner of the plaintiff's house and on December 13, 1973, water from...

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