Clark-Aiken Co. v. Cromwell-Wright Co.

323 N.E.2d 876 (1975)

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Clark-Aiken Co. v. Cromwell-Wright Co.

Massachusetts Supreme Judicial Court
323 N.E.2d 876 (1975)

Facts

Clark-Aiken Company (Clark-Aiken) (plaintiff) filed suit against Cromwell-Wright Company (Cromwell) (defendant) asserting claims of negligence and strict liability when water stored behind a dam on Cromwell’s property was released and flowed onto its property. The trial court held that in order to recover damages caused by the water release Clark-Aiken had to allege and prove that the escape was caused by intentional or negligent fault of some person or entity. Because there was no evidence presented by Clark-Aiken of intentional or negligent conduct, the trial court dismissed the complaint. Clark-Aiken appealed.

Rule of Law

Issue

Holding and Reasoning (Tauro, J.)

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