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CARLO v. PITTSFIELD

339 Mass. 624 (1959)

161 N.E.2d 757

CARMINA CARLO vs. CITY OF PITTSFIELD.

Supreme Judicial Court of Massachusetts, Berkshire.

November 2, 1959.

Attorney(s) appearing for the Case

James M. Rosenthal, (John B. Cummings & Walter E. Reilly with him,) for the plaintiff.

William R. Flynn, Assistant City Solicitor, (Maurice B. Rosenfield, City Solicitor, with him,) for the defendant.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WILLIAMS, J.

This is an action of tort to recover from the city damages for personal injury and property damage caused by the flow of sewage from the city's sewerage system into the house of the plaintiff at 106 Euclid Avenue. In her declaration the plaintiff alleged negligent maintenance of the sewer and negligence of the city's servants and agents "in charge." There was evidence that Euclid Avenue was a public way in which the city, as part of its sewer system,...

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