RONAN, J.
The first action is in tort by the owner of certain premises located in the defendant town to recover for damage which, he alleged, was caused in the fall of 1945 and the summer of 1946 by the action of the town in collecting surface water from its highways into a drain and discharging the water from this drain in such quantities into a natural watercourse or brook which bounded the plaintiff's land that it caused the brook to overflow and flood the land...
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