Clark-Aiken Co. v. Cromwell-Wright Co.
Massachusetts Supreme Judicial Court
323 N.E.2d 876 (1975)
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
Holding and Reasoning (Tauro, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.