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LEMASURIER v. PEPPERELL

10 Mass. App. Ct. 96 (1980)

405 N.E.2d 1006

JOHN B. LEMASURIER vs. TOWN OF PEPPERELL.

Appeals Court of Massachusetts, Middlesex.

June 24, 1980.

Attorney(s) appearing for the Case

Joseph P. Hannon, Town Counsel, for the defendant.

James P. Cassidy, Jr., for the plaintiff.

Present: HALE, C.J., ARMSTRONG, & KASS, JJ.

HALE, C.J.

This is an action grounded in tort for negligence and for nuisance for damage to the plaintiff's land by flooding resulting from the repair, replacement and maintenance of a culvert under a town road near the land. The action was entered in the Superior Court on August 12, 1974, and was transferred to a District Court. Following a finding for the defendant in that court the case was retransferred to the Superior Court. After a jury trial in the Superior...

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