SMITH, J.
H. Sacks & Sons, Inc. (Sacks), by complaint entered January 19, 1977, brought a negligence action in the Superior Court against the Metropolitan District Commission (MDC). The complaint alleged that, as a result of the negligence of the MDC in the operation of a dam that it controlled, damage was caused to Sacks' property on February 3, 1976. The MDC filed a motion for judgment on the pleadings. Mass.R.Civ.P. 12(c), 365 Mass. 754 (1974). The sole ground...
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