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TARZIA v. HINGHAM

No. 91-P-273.

35 Mass. App. Ct. 506 (1993)

622 N.E.2d 1372

DONALD TARZIA & another vs. TOWN OF HINGHAM.

Appeals Court of Massachusetts, Plymouth.

November 22, 1993.

Attorney(s) appearing for the Case

William F. Wallace for the plaintiffs.

J. Gary Bennett for the defendant.

Present: BROWN, DREBEN, & IRELAND, JJ.

BROWN, J.

The plaintiffs allege that as a result of the overflow of a town river and pond they sustained bodily injury and property damage. A judge of the Superior Court, sitting without a jury, found for the town on all counts of the plaintiffs' amended complaint. Of the several counts in the plaintiffs' complaint only those alleging negligence and private nuisance are being pressed on this appeal from the ensuing

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